S.Rajendran vs The State of Tamilnadu

Court
Madras High Court

WP(MD) No. 31970 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 31970 of 2026
CNR:{HCMD011581282026}
S.Rajendran
S/ o.Sethuraman
No. 16, Rajaji 2nd Street,
Thirumangalam,
Madurai District
..Petitioner
Vs
1. The State of Tamilnadu
Rep By Its Secretary,
Housing and Urban Development Department,
Secretariate,
Chennai-600 009Chennai
2. The Director
Directorate Of Town And Country Planning
Department,
Cmda Campus,
E&c Market Road,
Virugampakkam,
Koyembedu,
Chennai - 600017
3. The Assistant Director
District Town And Country Planning Office,
Tirunelveli Road,
J Kallorani Village,
Pavoorchatram,
Tenkasi 627 808
4. The District Collector
District Collector Office,
Tenkasi
5. The Commissioner
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WP(MD) No. 31970 of 2026
Puliangudi Municipality,
Kadayanallur Taluk,
Tenkasi
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of DECLARATION to declare
that the reservation made in respect of the petitioners land in T.S.
Number 16/2, Old S. Number 162 /5. presently ward k, block 7 and
another property in T. S. No. 18/2,Old .S. No. 163/1, 163/3. 163/4, 163/5,
163/6. 163/7,situated at Thirumalai Naicken Pudukudi Village,
Puliangudi Municipality, Kadayanallur Taluk. Tenkasi District, as
proposed EIE1 D.D. Road D.D. Plan No. 4 under G.O.Ms.No.1730 RD
and LA dated 24.07.1974 is deemed to be released / lapsed by virtue of
section 38 of the Town and Country planning Act 1971 and to direct the
respondents to officially release the land and update the land details in the
master plan of Puliyangudi Municipality.
For Petitioner :Ms.K.Abiya
For Respondents :Mr.S.Sivasubramanian
Government Advocate for R1 to R4
Mr.M.Rajarajan
Standing Counsel for R5
ORDER
This Writ Petition is filed, to declare that the reservation made in
respect of the petitioners land in T.S. Number 16/2, Old S. Number
162 /5. presently ward k, block 7 and another property in T. S. No.
18/2,Old .S. No. 163/1, 163/3. 163/4, 163/5, 163/6. 163/7,situated at
Thirumalai Naicken Pudukudi Village, Puliangudi Municipality,
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WP(MD) No. 31970 of 2026
Kadayanallur Taluk. Tenkasi District, as proposed EIE1 D.D. Road D.D.
Plan No. 4 under G.O.Ms.No.1730 RD and LA dated 24.07.1974 is
deemed to be released / lapsed by virtue of section 38 of the Town and
Country planning Act 1971 and to direct the respondents to officially
release the land and update the land details in the master plan of
Puliyangudi Municipality.
2.The limited facts necessary for the disposal of this Writ Petition
are as follows:-
The petitioner purchased the petition mentioned property and the
same was duly registered before the concerned Registrar Office. Based
on the same, all the revenue records were transferred in the name of the
petitioner. Later, he came to know that the petition mentioned property
has been earmarked under the scheme, namely, Detailed Development
Plan No. 4. The petitioner submitted a representation to the respondents
in this regard. However, no action has been taken on such representation.
Hence, the present writ petition came to be filed.
3.The matter in hand is no more res integra and this Court in
another case in W.P.(MD)No.20277 of 2024, dated 23.09.2024, has
already passed favourable order to the petitioner therein and the relevant
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WP(MD) No. 31970 of 2026
portion of the same is extracted as follows:~
“5. It is relevant to extract Sections 37 and 38 of the Act for easy
reference:-
-37.Power to purchase or acquire lands specified in the
development plan.-
(1)Where after the publication of the notice in the Tamil
Nadu Government Gazette of preparation of a regional plan,
master plan, detailed development plan or a new town
development plan, as the case may be, any land is required,
reserved or designated in such plan, the appropriate
planning authority may, either enter into agreement with any
person for the acquisition from him by purchase of any land
which may be acquired under section 36 or make an
application to the Government for acquiring such land under
the Land Acquisition Act, 1894 (Central Act I of 1984):
Provided that if the value of such land exceeds fifty
thousand rupees the appropriate planning authority shall not
enter into such agreement without the previous approval of
the Government.
(2) On receipt of an application made under subsection
(1), if the Government are satisfied that the land specified in
the application is needed for the public purpose specified
therein, they may make a declaration to that effect in the
Tamil Nadu Government Gazette, in the manner provided in
section 6 of the Land Acquisition Act, 1894 (Central Act I of
1894), in respect of the said land. The declaration so
published shall, notwithstanding anything contained in the
said Act, be deemed to be a declaration duly made under the
said section 6 of the said Act:
Provided that no such declaration in respect of any
particular land covered by a notice under section 26 or
section 27 shall be made after the expiry of three years from
the date of such notice.
(3) On the publication of such declaration, the
Collector of the district within whose jurisdiction the land is
situate, shall proceed to take order for the acquisition of such
land under the said Act; and the provisions of that Act shall,
so far as may be, apply to the acquisition of the said land
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WP(MD) No. 31970 of 2026
with the modification that the market value of the land shall
be the market value prevailing on the date of publication of
the notice in the Tamil Nadu Government Gazette under
section 26 or section 27, as the case may be.
38. Release of land.- If within three years from the date
of the publication of the notice in the Tamil Nadu
Government Gazette under section 26 or section 27-
(a) no declaration as provided in sub-section (2) of
section 37 is published in respect of any land reserved,
allotted or designated for any purpose specified in a regional
plan, master plan, detailed development plan or new town
development plan covered by such notice; or
(b)such land is not acquired by agreement, such land
shall be deemed to be released from such reservation,
allotment or designation.-
6. A perusal of the above Sections make it very clear
that within three years from the date of publication of the
notice, if no acquisition of land is made in respect of any land
reserved, allotted or designated for any purpose specified in
a regional plan, master plan, detailed development plan or
new town development plan covered by such notice, such
land shall be deemed to be released from such reservation,
allotment or designation. Though the proviso also enables the
Government to issue notification extending the period, till
date, no such notification has been issued.”
4.Today when the matter is taken up, the written instructions issued
by the Assistant Director of the District Town and Country Planning
office of Pavoorchatram, Tenkasi District dated 11.09.2026, is produced
before this Court. In the said communication, the Assistant Director had
conceded that no action has been taken as prescribed under Section 38 of
the Tamil Nadu Town and Country Planning Act to acquire the lands,
which were notified in the plan for a public Road. Accordingly, the
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WP(MD) No. 31970 of 2026
authority concedes that the notification will stand lapsed and the property
will stand released.
5.In the light of the above categorical acceptance of the legal
position by the respondents, the Writ Petition stands allowed and it is
hereby declared that the reservation made in the petitioner’s land in T.S.
Number 16/2, Old S. Number 162 /5. presently ward k, block 7 and
another property in T. S. No. 18/2,Old .S. No. 163/1, 163/3. 163/4, 163/5,
163/6. 163/7,situated at Thirumalai Naicken Pudukudi Village,
Puliangudi Municipality, Kadayanallur Taluk. Tenkasi District, for the
proposed EIE1 D.D. Road D.D. Plan No. 4 under G.O.Ms.No.1730 RD
and LA dated 24.07.1974 is released as lapsed by virtue of section 38 of
the Town and Country planning Act 1971 and the respondents are
directed to release the said lands and update the land details in the master
plan of Puliyangudi Municipality, within a period of 12 weeks from the
date of receipt of a copy of this order. No costs.
11-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRN
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WP(MD) No. 31970 of 2026
To
1. Rep By Its Secretary
Housing and Urban Development Department
Secretariate
Chennai-600 009Chennai
2. The Director
Directorate Of Town And Country Planning Department
Cmda Campus
E&c Market Road
Virugampakkam
Koyembedu
Chennai - 600017
3. The Assistant Director
District Town And Country Planning Office
Tirunelveli Road
J Kallorani Village
Pavoorchatram
Tenkasi 627 808
4. The District Collector
District Collector Office
Tenkasi
5. The Commissioner
Puliangudi Municipality
Kadayanallur Taluk
Tenkasi
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WP(MD) No. 31970 of 2026
N.DILIP KUMAR, J.
MRN
WP(MD) No. 31970 of 2026
11-11-2026
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