A. Raja v. The Secretary

ORDER This Writ Petition has been filed, seeking for release of lands as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act.

2.The petitioner seeks for release of his lands from land acquisition as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act since the lands have not been acquired within a period of three years from the date of approval of the proceedings, which is of the year 2005.

¶3This Court had an occasion to consider similar writ petitions involving the very same scheme and in all those cases, this Court had allowed the writ petitions under Section 38 of the Tamil Nadu Town and Country Planning Act, since the lands were not acquired within a period of three years from the date of approval of the proceedings which is of the year 2005.

¶4The learned counsel for the petitioner has also enclosed one of the orders passed by this Court in W.P. No. 6188 of 2023 dated 02.03.2023, involving the very same scheme.

¶5Ms. C. Meera Arumugam, learned Additional Government Pleader accepts notice on behalf of the respondents. On instructions, she also would submit that the scheme has also got lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act. Since the scheme has got lapsed by the passage of more than three years from the date of approval of the proceedings, which is of the year 2005, necessarily, this writ petition will have to be allowed as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act.

¶6Accordingly, this Writ Petition is allowed, by declaring, as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act, that the property, which was earlier the subject matter of land acquisition has now got lapsed as per the provisions of Section 38 of the Tamil Nadu Town and Country Planning Act and the petitioner is entitled to deal with the said land in whatever manner he deems it fit to do so. No costs. 09-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To

1.The Secretary Housing and urban Development Department, Fort St. George, Chennai 600 015

2.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second third and Fourth, Floor, C and E Market Road, Koyambedu, Chennai 600 107

3.The member Secretary Erode Town and Country Planning Authority officer Chennimalai Road Opposite to Govt I.T.T, Erode 638 009 ABDUL QUDDHOSE J. ab

09-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. A. Raja Petitioner(s) Vs 1. The Secretary Housing and urban Development Department, Fort St. George, Chennai 600 015 2.The Director of Town and Country Planning Office of the Directorate of Town and Country Planning Second third and Fourth, Floor, C and E Market Road, Koyambedu, Chennai 600 107 3.The member Secretary Erode Town and Country Planning Authority officer Chennimalai Road Opposite to Govt I.T.T, Erode 638 009 Respondent(s) PRAYER To declare the reservation made in respect of the properties in S. No 63/9 (Old S. No 63/4, 693/5, 63/6) to an extent of 2295.5 sq.ft in Punjailakkapuram Village, modakkurichi Taluk, Erode District forming part of Punjailakkapuram Detailed Development Plan No. 4 to have lapsed, in view of section 38 of the Tamil nadu Town and Country Planning Act, 1971 by appreciating the above stated facts For Petitioner(s): Mr.A.Kumaraguru For Respondent(s): M/s.C.Meera Arumugam,AGP For Respondent