Madras High Court
M/S.Kongu Matriculation Higher ... vs The Directorate Of Town And Country ... on 3 December, 2024
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan
W.P.No.29353 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN
W.P.No.29353 of 2024
and WMP.Nos.31999 & 32001 of 2024
M/s.Kongu Matriculation Higher Secondary School,
Rep.by its President/Correspondent
NH44, Karur Salem Main Road,
Paramathy Velur,
Namakkal District. ...
Petitioner
Vs
1. The Directorate of Town and Country Planning
CMDA Office Complex,
NC Market Road,
Chennai 600 107.
2. The Assistant Director,
District and Country Planning Office,
Namakkal District.
3. The Directorate of School Education,
DPI Campus,
Egmore, Chennai.
4. The Executive Officer/
Local Planning Authority,
Punjai Edaiyur Mel Mugam Village,
1/9
https://www.mhc.tn.gov.in/judis
W.P.No.29353 of 2024
Velur Town Panchayat,
Paramathy Velur,
Namakkal District. .... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India, praying to issue a writ of Certiorified Mandamus calling for the
records of the impugned order in ROC.No.3824/2023/TCP-4 dated
20.06.2023 on the file of the 1st respondent and quash the same and direct
the 1st respondent to regularise the total building area of 158086.00 sq.ft
in twelve blocks comprised in S.No.162/4, 169/3E and 170/2 situated atg
Punjai Edaiyur Melmugam Village, Paramathy Taluk, Namakkal District
in the light of G.O.Ms.No.76 dated 14.06.2018, Housing and Urban
Development Department after declaring that the lands comprised in
S.No.162/3C1,162/3C2,162/3C3,162/3C4,162/3B,162/2B,162/3A,169/2
D, 169/3B,169/3C1,169/3D, 162/2A7, 162/2A6, 169/3E, 162/4170/2,
169/3C2 and 169/2A2 situated at Punjai Edaiyur Melmugam Village,
Paramathy Taluk, Namakkal District are deemed to released and lapsed
under Section 38 of the Tamil Nadu Town and Country Planning Act and
grant such other relief deem fit and proper under the circumstances of the
case.
For Petitioner : Mr.R.Rajarajan
For Respondents : Mr.V.Nanmaran
Additional Government Pleader
ORDER
2/9
https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024 This writ petition has been filed for issuance of a writ of Certiorified Mandamus calling for the records of the impugned order in ROC.No.3824/2023/TCP-4 dated 20.06.2023 on the file of the 1st respondent and quash the same and direct the 1st respondent to regularise the total building area of 158086.00 sq.ft in twelve blocks comprised in S.No.162/4, 169/3E and 170/2 situated atg Punjai Edaiyur Melmugam Village, Paramathy Taluk, Namakkal District in the light of G.O.Ms.No.76 dated 14.06.2018, Housing and Urban Development Department after declaring that the lands comprised in S.No.162/3C1,162/3C2,162/3C3,162/3C4,162/3B,162/2B,162/3A,169/2 D, 169/3B,169/3C1,169/3D, 162/2A7, 162/2A6, 169/3E, 162/4170/2, 169/3C2 and 169/2A2 situated at Punjai Edaiyur Melmugam Village, Paramathy Taluk, Namakkal District are deemed to released and lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act.
2. The petitioner placed reliance on G.O.Ms.No.76 Housing and Urban Development Department dated 14.06.2018. The petitioner also claims that the land in aforementioned survey numbers at Punjai Edaiyur 3/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024 Melmugam Village, Paramathy Taluk, Namakkal district are deemed to be released and lapsed under Section 38 of the Tamil Nadu Town and Country Planning Act. In the affidavit filed in support of the writ petition, it had been stated that the petitioner's School had been constituted in the year 1991. It had been stated that the trust was formed and the members of the trust had contributed lands towards the school building at Punjai Edaiyur Melmugam Village, Paramathy Taluk, Namakkal district. At the time of filing of the writ petition it has been stated that 982 boys and 879 girls were studying in the school. It is a Higher Secondary School starting from LKG onwards. There are also hostel students. The total staff strength on the date of filing of the writ petition was 112. It had been stated that the petitioner's school had applied for putting up a fresh construction of 12 blocks totally measuring 158086 sq.ft. It had been stated that however the impugned order came to be passed on 20.06.2023 that out of the larger area where the school is situated, the land in S.F.No.162/3C1, 3C2 at Punjai Edaiyur Melmugam Village, Velur Town Panchayat, Paramathy Velur Taluk, Namakkal District was part of Velur Master Plan Area and therefore, the application 4/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024 of the petitioner was rejected.
3. A counter affidavit has been filed on behalf of the 2 nd respondent that where the modified Master Plan for the Velur local planning authority in Namakkal district was approved under Section 28 of the Town and Country Planning Act, 1971 by G.O.Ms.No.319 Housing and Urban Development Department on 10.10.2017. It had been sated that the application of the petitioner included land which fell within the said modified Velur Master Plan.
4. But, however the learned counsel for the petitioner placed reliance on Section 38 of the Town and Country Planning Act, 1971 which is extracted as below:-
38. Release of land:- If within three years from the date of the 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 reserv3ed, allotted or designated for any purpose specified in a regional plan, 5/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024 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.
5. A fair reading of the said provision would show that if the land so allotted or reserved or dedicated, is not acquired within a period of three years from the date of publication of the notice, then the land shall be deemed to be released from such reservation. It is seen from the records that the modified plan for Velur Master Plan Area was notified in the year 2017. It had lapsed by the year 2020. Therefore on the date of application of the petitioner, the respondents cannot place any further reliance by stating that the lands are still within the Master Plan Area. By efflux of time, the land is deemed to have been released from the Master Plan Area. Once the land is deemed to be released, then the petitioner has every legitimate expectation for the building plan given to be approved by the respondents.
6/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024
6. In view of that particular reasoning, the impugned order is struck down and the respondents are directed to have a fresh look at the application given by the petitioner herein. The petitioner may also give a further additional representation by pointing out Section 38 of the Town and Country Planning Act, 1971 and pointing out that the land shall be released owing to lapse of time and therefore seeking approval of the building plan which had already been given by the petitioner herein.
7. With the above observation and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.
03.12.2024 dpq Index: Yes/No Speaking order / Non speaking order 7/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024 C.V. KARTHIKEYAN, J.
dpq To
1. The Directorate of Town and Country Planning CMDA Office Complex, NC Market Road, Chennai 600 107.
2. The Assistant Director, District and Country Planning Office, Namakkal District.
3. The Directorate of School Education, DPI Campus, Egmore, Chennai.
8/9 https://www.mhc.tn.gov.in/judis W.P.No.29353 of 2024
4. The Executive Officer/ Local Planning Authority, Punjai Edaiyur Mel Mugam Village, Velur Town Panchayat, Paramathy Velur, Namakkal District.
W.P.No.29353 of 2024
and WMP.Nos.31999 & 32001 of 2024 03.12.2024 9/9 https://www.mhc.tn.gov.in/judis