BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Pauline Leema Rose Amal W/o.D.Amalraj Now Residing at Door No.5170 NW-126th Ter, Portland, OR 97229 Unites States of America. Rep by her Power Agent A.Joseph S/o.Anthonymuthu Door No.25, Vinayagar Nagar N.G.O.A Colony Tirunelveli -7 ... Petitioner vs.

1. The Director of Town and Country Planning Directorate of Town and Country Planning CMDA Office Complex, E and C Market Road, Srinivasa Nagar Virugambakkam, Koyambedu Chennai.

2. The Assistant Director/Member Secretary Directorate of Town and Country Planning Office Tirunelveli District. ... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of DECLARATION to declare the reservation in respect of the Petitioners land to an extent of about 14 cents comprised in T.S.No.20/4 (Ayan Punja S.No.703/1A) at Ward -BP, Block-0037, Kulavanigarpuram Part-4, Melapalayam Zone, Tirunelveli Municipal Corporation, Tirunelveli District under the Perumal Puram Extension Detailed Development Plan No.10 to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act 1971 within time stipulated by this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner :M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents :Mr.P.Subbaraj Special Government Pleader *****

O R D E R

1. The petitioner has approached this Court seeking issuance of a Writ of Declaration to declare that the reservation in respect of the petitioner’s land, measuring an extent of about 14 cents comprised in T.S.No.20/4 (Ayan Punja S.No.703/1A), situated at Ward-BP, Block-0037, Kulavanigarpuram Part-4, Melapalayam Zone, Tirunelveli Municipal Corporation, Tirunelveli District, under the Perumalpuram Extension Detailed Development Plan No.10, has lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971.

2. Heard the learned counsel appearing on either side.

3. The land in question was included in the Perumalpuram Extension Detailed Development Plan No.10, published in the year 2001. Admittedly, no acquisition proceedings have been initiated in respect of the subject land. Section 38 of the Tamil Nadu Town and Country Planning Act, 1971, reads as follows:

“38. Release of land.—If within three years from the date of publication of the notice in the Tamil Nadu Government Gazette under Section 26 or Section 27—

(a) no declaration as provided in sub-section (2) of Section

37 is published in respect of any land reserved, allotted or designated for any purpose specified in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; orement, such land shall be deemed to be released from such reservation, allotment or .4.4.

(b) such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.”

4. The learned counsel for the respondents submitted that the planning scheme has already been implemented to a considerable extent and that the road has been formed up to the petitioner’s land. However, such contention cannot be accepted, inasmuch as the subject land has not been acquired in the manner known to law under Section 37 of the Act within the prescribed period. Consequently, by operation of Section 38 of the Act, the reservation is deemed to have lapsed.

5. The issue involved in the present writ petition is squarely covered by the order passed by this Court in W.P.(MD) No.8515 of 2021, dated 25.06.2021, wherein it has been consistently held that if the land is not acquired within a period of three years from the date of publication of the detailed development plan, the land shall be deemed to have been released from such reservation. Reference was made to the following decisions:

(i) M. Amsavalli vs. Director of Town and Country Planning, (2017) 2