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 called, Varaganeri South Development Scheme and notification has been issued on 4.4.1962 for development as per the said scheme notified by the Government and that the lands in the abovesaid survey numbers have been reserved for public purpose as per the Rules framed under the Tamil Nadu Town and Country Planning Act, 1971 (herein after referred to as "the Act").

3. The first respondent, on 22.3.2002, in the prescribed Form No. 9 published in the Tamil Nadu Government Gazette on 15.5.2002 has communicated the preparation and sanction of the detailed development plan, which included the properties of the petitioner and other properties. However, the case of the petitioner Company is that till date the Government has not taken any steps to acquire the lands, nor issued any notice for acquisition under Sections 36 and 37 of the Act. The detailed development plan was ultimately given final approval as per Section 29 of the Act by the Government on 16.3.2005. However, till date, there was no further action upon the detailed development plan approved by the Director of local authority. Even though the third respondent has approved the draft scheme, the first respondent has not implemented the same and no steps have been taken under Section 36 or 37 of the Act for acquisition. In those circumstances, the petitioner has given a letter to the first respondent on 28.12.2007 requesting to clarify as to the classification of the lands purchased by it and by the impugned letter dated 25.1.2008, the first respondent has clarified that the properties in survey Nos. 126/6 and 125/2 are earmarked for 'public purposes'. In respect of survey No. 125/1B, the first respondent informed that as per the Scheme, 40 ft. road is coming up in the said property. By invoking the provisions of the Right to Information Act, the petitioner approached the second respondent to explain about the present position, however, there was no reply. In these circumstances, the present writ petition is filed for the relief as stated above.

4. In the counter affidavit filed by the first respondent, it is stated that Varaganeri South detailed Development Scheme was formulated by order of the Government and notified in official Gazette dated 4.4.1962. It was finally approved by the Director of Town and Country Planning under Section 29 of the Act and published in the Gazette on 16.3.2005. As per the approved scheme, survey No. 126/6 is earmarked for public purpose (part) and mixed residential (part) while survey No. 125/2 is earmarked for public purpose (part) and B1B140 ft. road (part) B2B2 40 ft. road (part), mixed residential (part). The said fact was communicated to the petitioner by the impugned order dated 25.1.2008. It is also stated by the first respondent that the scheme was approved by the th