BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2026 CORAM:

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Vruksha Promoters Represented through the Managing Partner Raja S/o. Parisutham

2nd Street Parisutham Nagar Thanjavur District - 613 007. ... Petitioner vs.

1. The Director Directorate of Town and Country Planning

2^nd, 3^rd and 4^th Floor, E and C Market Road Koyembedu Chennai - 600 107.

2. The Joint Director / Member Secretary Directorate of Town and Country Planning Office Trichy Region Kajamalai Main Road Tiruchirapalli - 620 023. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents No.1 and 2 to release the petitioners land with an extent of 82 cent in Old Survey No.95/1, New Survey No.95/1B which is situated at Pitchandarkovil Village, Mannachanallur Taluk, Tiruchirappalli District treating the Coleroon North Detailed Development Plan No.7 as lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner :Mr.R.Karunanidhi For Respondents :Mr.P.Subbaraj Special Government Pleader *****

O R D E R

1. The petitioner is before this Court seeking issuance of a Writ of Mandamus directing respondents 1 and 2 to release the petitioner’s land measuring an extent of 82 cents in Old S.No.95/1, New S.No.95/1B, situated at Pitchandarkovil Village, Mannachanallur Taluk, Tiruchirappalli District, by treating the “Coleroon North Detailed Development Plan No.7” as having lapsed under 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 Coleroon North Detailed Development Plan published in the year 2009. However, no acquisition proceedings have been initiated. 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; or (b) such land is not acquired by agreement, such land shall be deemed to be released from such reservation, allotment or designation.”

4. 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 CWC 418;

(ii) R.M. Shanmuganathan vs. Director of Town and Country Planning, (2018) 2 CWC 20;

(iii) W.P.(MD) No.5652 of 2019 (L.K.S. Mohammed Meera Mohaideen vs. Director of Town and Country Planning);

(iv) W.A.(MD) No.485 of 2020 (The Director of Town and Country Planning and another vs. Muthu and others); and (v) W.P.(MD) No.166 of 2021 (Nagendran vs. The Director of Town and Country Planning).

In the said decision, it was held that where no steps are taken to acquire the land within the stipulated period, the scheme would lapse by operation of Section 38 of the Act.

5. Applying the above statutory mandate and the settled legal position, it is declared that the petition-mentioned land shall be deemed to have been released from the proposed detailed development plan. Consequently, as the scheme has lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act