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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
M. Mathivanan – Appellant
Versus
Director of Town and Country Planning, Chennai – Respondent
ORDER :
1. Heard Mr.T.Saikrishnanlearned counsel appearing for the petitioner and Mrs.S.Anitha, learned Special Government Pleader for respondents.
2. This Writ Petition is filed seeking for the following prayer:-
i) To quash the order passed by the 1st respondent vide his proceedings dated 19.12.2019. whereby, the petitioner’s claim for regularization has been rejected and consequently, to direct 1st respondent to regularize the layout namely Ambujam Maniam Nagar situated at Devarkandanallur Village, Thiruvarur Taluk (Formerly Kodavasal Taluk) Thiruvarur District, comprised in survey Nos. 148/1, 148/2, 140/4, 140/6, 140/7 & 140/10 in all admeasuring 3.48 Acres from and out of 5.86 Acres.
3. The learned counsel for the petitioner would submit that in terms of the order passed by the Government vide G.O.(Ms)No.78 of Country Planning Department dated 04.05.2017, particularly, clause 3, the petitioner is eligible to seek for regularization of the land; that therefore, the petitioner made an application seeking for regularization before the first respondent, but, the first respondent taking into consideration of the clarification issued by the third respondent, passed the impugned order da
The court emphasized the necessity to prevent further development of unauthorized layouts and conversion of agricultural areas for non-agriculture use.
Failure to acquire land within three years results in its release from reservation under Section 38 of the Tamil Nadu Town and Country Planning Act, violating property rights.
The court upheld the validity of the impugned order under the Tamil Nadu Urban Local Bodies Act, confirming that it was neither arbitrary nor perverse, and emphasized adherence to statutory procedure....
Purchaser of pre-2016 unapproved plot entitled to regularisation scheme benefits despite post-cutoff acquisition.
The right of access, even without ownership, is sufficient for the regularisation of unapproved layouts under relevant rules.
The main legal point established in the judgment is that the rejection of land regularization can be based on public interest, and the status of the land as surplus land under the Urban Land Ceiling ....
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