IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
N.Govindaraj – Appellant
Versus
The Secretary, Housing and Urban Development Department – Respondent
O R D E R
The petitioner has filed this petition seeking direction to the respondents to declare that the petitioner's land comprised in Survey Nos.230/2, 231/1, 231/2 Coimbatore is deemed to be released from the reservation of petitioner land for formation of public road as per the provision of Section 38 of Town and Country Planning Act and consequently direct the respondents to pass an appropriate order or release of the petitioner's land comprised in Survey Nos.230/2, 231/1. 231/2 in Ramanathapuram Village, Coimbatore South Taluk, Coimbatore.
2. The case of the petitioner is that he is the the absolute owner of the property comprised in Survey Nos.230/3, 231/1, 231/2 at Ramanathapuram Village, Coimbatore South Taluk, Coimbatore to the total extent of 2.21 acres. The lands are under his possession and enjoyment, and are put into use for agricultural purposes. The grievance of the petitioner is that, when the Town Planning Scheme was prepared in 1990 for Coimbatore Urban area, the town planning authorities earmarked a portion of the petitioner's lands comprised in Survey Nos.230/3, 231/1, 231/2, Coimbatore South Taluk, Coimbatore for formation of 80 feet AA proposed Scheme road a
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