IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.02.2026 CORAM THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN

1. Sureshchand Lalwani 2. S.Sunilkumar Lalwani Represented by their power of Attorney agent Mr.R.Kumar, Son of Mr.Raju Naiker, 4/8, Krishna Nagar 2^nd Street, Pammal, Chennai – 600 075. …Petitioners Vs.

1. The Director of Town & Country Planning, Office of the Director of Town & Country Planning, 2nd, 3rd, 4th Floors, C & E Market, Koyambedu, Chennai – 600 107.

2. The Asst. Director of Town & Country Planning, Villupuram Region, TADCO Building, G.H.Road, Villupuram – 605 602.

3. The Commissioner, Tindivanam Municipality, Tindivanam, Villupuram District – 604 001. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent authorities to grant regularization for Plot Nos.121, 122, 123, 127, 131, 133, 134 and 135, comprised in Sai Lakshmi Nagar, formed in Survey Nos. 58/7, 63/1, 63/2, 63/3, 63/4, 64/7B, 64/8, 64/10B, 66/1, 66/4, situated within the regularized layout of house-sites viz. Approval No.541/2018, Sai Lakhsmi Nagar, in Avaraipakkam Village, Tindivanam Taluk, Villupuram District as per petitioners’ original application in File No.665/2017 submitted by the petitioners in the office of the 2^nd respondent by acting upon the representation dated 25.11.2025, within a time to fixed by this Court.

For Petitioners : Mr.S.Thanka Sivan For Respondents : Mr.L.S.M.Hasan Fizal, Additional Government Pleader (for R1 & R2)

Dr.T.Seenivasan, Special Government Pleader (for R3)

O R D E R

The petitioners are the owners of Plot Nos. 121, 122, 123, 127, 131, 133, 134 and 135 of Sai Lakshmi Nagar, Avaraipakkam Village, Tindivanam Taluk, Villupuram District.

2.Originally, the plots were unapproved and on application, regularization was granted on 03.09.2018. While granting approval, it was stated by the second respondent that there is a proposal for formation of a 40-feet road by a Local Planning Authorities over the aforesaid plot numbers.

3. The petitioner (Power of Attorney) states that in order to find out the proposal with respect to the formation of a road, he filed an application under the Right to Information Act. On 19.11.2025, he was informed that a development plan had been formed for in the area in the year 1994 and in the said development plans, the plots purchased by the petitioners had been set apart for the purpose of formation of the road. Pleading no further action had been initiated, invoking Section 38 of the Town and Country Planning Act, the petitioners are before this Court.

4.According to them, as the acquisition has not taken place within a period of three years from the date of notification of the detailed development plan, the reservation lapses and their properties are free from the trappings of the development plan.

5.When the matter came up for hearing, I requested Mr.L.S.M.Hasan Fizal to take notice on behalf of the respondents and get instructions as to whether any acquisition proceedings had taken place with respect to the plots in issue. After the matter had suffered with a couple of adjournments, he was successful to get instructions from the Assistant Director, Villupuram. The said instructions are scanned and extracted hereunder:-

A perusal of the same shows that no acquisition has been taken place for the property in question, post the reservation in the year 1994.

6.In terms of the Town and Country Planning Act, it is open to a planning authority to reserve a particular area/plot for a particular purpose. As per Section 36, such reservation is deemed to be for public purpose, in the event of issuing of notification for acquisition of land under the appropriate Land Acquisition Act. As per section 37 of the Town and Country Planning Act, the Town and Planning Authority /Appropriate Authority, have to acquire the lands either by resorting to the land acquisition laws or by entering into negotiations with the land owne