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W.P.(MD)No.680 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 05.03.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

W.P.(MD)No.680 of 2026

Sankar ... Petitioner

vs.

1.The Director

Directorate of Town and Country Planning

2^nd, 3rd and 4th floor

C and E Market Road

Koyembedu

Chennai 600 107

2.The Member Secretary

Thanjavur Local Planning Authority

No 5 Ganapathi nagar 2nd street

Medical college Road

Thanjavur 613 007 ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Mandamus, directing the Respondents

No. 1 and 2 to release the petitioner's land with an extent of 50 Cents

in Survey Number 191/2B and with an extent of 42 cents in Survey

Number 191/2C situated in Miruthiyanja Padaiveedu Village,

Palavathankattalai, Kumbakonam Taluk, Thanjavur District treating

the Palavanthankattalai Detailed Development Plan 4 as lapsed under

Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

For Petitioner :Mr.R.Karunanidhi

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W.P.(MD)No.680 of 2026

For Respondents :Mr.P.Subbaraj

Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the

respondents 1 and 2 to release the petitioner’s land measuring an

extent of 50 cents in Survey No.191/2B and 42 cents in Survey No.

191/2C, situated at Miruthiyanja Padaiveedu Village,

Palavanthankattalai, Kumbakonam Taluk, Thanjavur District, by

treating the Palavanthankattalai Detailed Development Plan No.4 as

lapsed under Section 38 of the Tamil Nadu Town and Country

Planning Act, 1971.

2. The contention of the petitioner is that though the petitioner’s

lands were included in Palavanthankattalai Detailed Development

Plan No.4, the lands have not been acquired till date and they

continue to remain in the possession and enjoyment of the petitioner.

According to the petitioner, as per Section 38 of the Tamil Nadu Town

and Country Planning Act, 1971, if the land reserved under a Detailed

Development Plan is not acquired within a period of five years from

the date of publication of the plan, the reservation would

automatically lapse and the land shall be deemed to have been

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W.P.(MD)No.680 of 2026

released from such reservation. Since no acquisition proceedings were

initiated within the prescribed period, the petitioner has approached

this Court with the present Writ Petition.

3. I have considered the rival submissions made on either side

and perused the materials available on record.

4. This Court is of the view that it is not necessary to dwell upon

the entire factual matrix of the case, since, with regard to the very

same Detailed Development Plan, a Division Bench of this Court in

W.A.(MD) No.485 of 2020 has already held that the scheme had

lapsed by virtue of Section 38 of the Tamil Nadu Town and Country

Planning Act. The relevant portion of the judgment reads as follows:

“11. As rightly pointed out by the learned counsel

appearing for the respondents/writ petitioners, the counter

affidavit proceeds on the merits of the claim and in no way

deals with the issue of deemed lapse. In the considered

opinion of this Court, the learned Judge, on a correct

appreciation of facts and by applying the legal position as

laid down in the above said judgment, allowed the writ

petition. This Court, on going through the reasons assigned in

the impugned order, is of the considered view that there is no

infirmity or error apparent on the face of the record for the

reasons assigned by the learned Single Judge for allowing

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W.P.(MD)No.680 of 2026

the writ petition and finds that the writ appeal lacks merits.

12. It is also brought to the knowledge of this Court

that the writ appeal filed by the official respondents in W.A.

(MD) No.340 of 2020, against the order dated 27.02.2017 in

W.P.(MD) No.14456 of 2014, was a