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2008 Supreme(Mad) 3230

P.JYOTHIMANI
Sams Axis City Promoters Private Limited, rep. by its Director, Chennai – Appellant
Versus
Member Secretary, Trichirappalli – Respondent


Advocates Appeared:
V.T. Gopalan, Senior Counsel for F.B. Benjamin George, for Petitioner
R. Janakiramulu, Special Government Pleader and P. Srinivas, for Respondents

ORDER

The writ petition is directed against the order of the first respondent dated 25.1.2008 with a direction against the first respondent not to treat the lands situate in survey Nos. 126/6, 125/2, 125/1B in Varaganeri Village, Trichy taluk earmarked for "public purpose and road" in view of the scheme called, "Varaganeri South Development Scheme, having lapsed by virtue of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

2. The petitioner Company own lands to a total extent of 5 Acres and 5 cents situate in Survey Nos. 126/6 (2 Acres and 0.5 cents), 125/2 (2 Acres) and 125/1B (1 Acre) at Varaganeri village, Trichy taluk having purchased the same by various sale deeds in the year 2007. The petitioner Company has approached the first respondent for granting approval for construction and development of the said lands. In order to obtain a classification certificate, which has to be annexed with the proposal, the petitioner has approached the second respondent, Commissioner of Trichirapalli Corporation by letter dated 28.12.2007 for issuance of classification certificate. In the meantime, the first respondent has informed that the Government has formulated a Scheme cal


















































































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