Heard both sides.

2. Thepetitioners are the owners of the land ad-measuring, an extent of 0.41 acres comprised in Survey No.R.S.No.66/5A2B, 66/5A2A & 66/4, Bye-Pass Road, Madurai, and they wanted to construct a building in that land. The petitioners submitted a plan for the construction of a hospital building, the 2nd respondent without approving the plan submitted by the petitioners returned the same on 02.06.2009 on the ground that lands for which the approval is sought for comes within the ambit Ponmeni DD Plan No.III AA Scheme Road and the same has not been removed by the Town & Country Plan Authority and therefore, approval cannot be granted.

3. It is submitted by the learned counsel appearing for the petitioners that the first respondent conceived a plan for the Ponmeni Part-III Extension Development Scheme, under which 100 Feet AA Scheme Road was also proposed and the Local Planning Authority passed the Resolution No.962, dated 27.09.1990 and the same was notified in the District Gazette on 10.01.1991 and the notification was also published in the Dina Thanthi Daily, dated 15.01.1991.

4. Accordingto the learned counsel appearing for the petitioners though the n