Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent dated 25.07.2023 bearing reference number SWP/ BPA/011063/2023/TCP and quash the same and consequently direct the second respondent to consider the planning permission application dated 26.06.2023 submitted by the petitioner for the proposed construction, over the property measuring an extent of 55.30 cents in Survey number 286/2A and 81.51 cents in Survey No.286/3A, situated at Erode Village, Erode Taluk and District in accordance with rules and norms of the Tamil Nadu Town and Country Planning Act and grant approval for the same.

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent dated 25.07.2023 bearing reference number SWP/ BPA/011063/2023/TCP and quash the same and consequently direct the second respondent to consider the planning permission application dated 26.06.2023 submitted by the petitioner for the proposed construction, over the property measuring an extent of 55.30 cents in Survey number 286/2A and 81.51 cents in Survey No.286/3A, situated at Erode Village, Erode Taluk and District in accordance with rules and norms of the Tamil Nadu Town and Country Planning Act and grant approval for the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the subject property. The petitioner purchased the property in Survey number 286/2A vide public auction held on 16.10.2008 and the same was confirmed on 16.12.2008 in E.P.No.93/2008 of O.S.No.450/2007. The petitioner purchased the property in Survey number 286/3A vide sale deed dated 06.09.2006 registered as document number 3960/2006. The patta for the subject property stands in the name of the petitioner. The petitioner submitted online application dated 26.06.2023 for the purpose of planning permission relating to the proposed construction of RCC roof and galvanized iron sheet roof (Apparel Making) in the subject property and the same was rejected by the second respondent stating that ‘The Existing Building lies on Proposed Detailed Development plan Proposed Road Hence this proposal Rejected’.

3.The learned counsel appearing for the petitioner further submitted that the second respondent rejected the petitioner’s application since detailed development plan no.21 of Erode local planning area having reference number D.D.P (SR)/DTCP.No.153/94 has been approved under Section 29 of the Town and Country Plan Act, 1971. The learned counsel further submitted that the said plan has to be implemented within three years by acquiring land and if the same was not implemented within three years, it will lapse and further submitted that since the said plan was not implemented in accordance with the Town and Country Plan Act, it got lapsed and hence the impugned order is not sustainable one.

4.In support of his contentions, the learned counsel appearing for the petitioner relied upon the decision of the Hon’ble Division Bench of the Madurai Bench of this Court in W.A.(MD)No.485 of 2020 [The Director, Town and Country Planning, No.807, Annasalai, Chennai – 2 and another Vs. Muthu Velayutham @ R.Kannan and three others] dated 21.07.2020 and submitted that once the three years period is lost within the meaning of Section 37(2) proviso thereafter, Section 38 can very well be pressed in service and ultimately the land is deemed to be released from such reservation, allotment or designation and hence the impugned order is not sustainable one.

5.The learned Government Counsel appearing for the respondents submitted that since the petitioner’s proposed construction was Veerappanchatram DD plan no.21 which was consented by Commissioner of Town and Country Planning as Map No.3 and numbered as DDP(SR)/DTCP No.153/1994. Part of petitioner’s land which was submitted for industrial building ha