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2025 Supreme(Mad) 3421

IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
S. Raja – Appellant
Versus
Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.Dhalapathy Vignesh Kumar
For the Respondent: Mr.M.Rajendiran Addl.Govt.Pleader

ORDER :

1. The present writ petition has been filed to declare the the petitioner's land comprised in T.S.No.609/2, 611/2 & 4 Ward No.C(3), Block No.13, Kumarapalayam, Poerur, Coimbatore District measuring 4797 sq.ft.is deemed to be released from the reservation of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the 3rd respondent to pass appropriate orders for release of the petitioner's land.

2. It is the case of the petitioner that he is the owner of the property situated in T.S.No.609/2, 611/2 & 4 Ward No.C(3), Block No.13, Kumarapalayam, Poerur, Coimbatore District measuring 4797 sq.ft. The said property was purchased vide a Sale Deed dated 07.09.2022 registered as Doc.No.6857 of 2022 on the file of Joint Sub-Registrar No.1, Coimbatore( hereinafter referred to as “Subject Land”).

3. The petitioner approached the 2nd and 3rd respondents for planning approval for constructing commercial building consisting of basement floor, ground floor and three floors vide online Application dated 07.08.2023 bearing reference Number SWP/BPA/0012595/2023. But the said application was not considered by the respondent on the ground that a scheme road measuri

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