W.P.No.36124 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.10.2025 CORAM : THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No. 36124 of 2025 T.Parthasarathi .. Petitioner vs 1. The Director of Town & Country Planning, Office of the Directorate of Town & Country Planning, Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai – 600 107. 2. Assistant Director, Town & Country Planning, Office of the District Town & Country Planning, First Floor, Kumaran Commercial Complex, Tirupur. 3. The Commission, Tirupur Municipal Corporation, Tirupur. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, to declare that the property comprised in Thottipalayam Village, Tirupur North Taluk, Tirupur District (property) is in forming part of Tirupur Local Planning Area- Tiruppur Detailed Development Plan No.10, (Map No.5), for the purpose of forming the ''D D- 60 feet Road and D2 D2-60 feet Road'' which was Page Nos.1/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 approved by the first respondent herein in D.D. P.(C. N) No.3/79 dated 07.03.1979, the petitioner's lands Old Survey No.475/2 part and as per Thirupur Town Survey Land Register New T.S.Nos. 10/2 and 11/2, New Block No.5, Ward E and measuring to an extent of 0.09 ares or 112 sq.mtrs or 0.25 acre, falls on for the purpose of forming the ''D D- 60 feet Road and D2 D2- 60 feet Road'', to have lapsed in the light of Section 38 of the Tamil Nadu Town and Country Planning Act, 1971 (TN Act 35 of 1974) and the decisions of this Court in W.P. (MD) No. 8515 of 2021 dated 25.06.2021 and in W.P.No.106 of 2022 dated 07.01.2022, and in W.P.No.22384/2023 dated 22.08.2023 and in W.P.No.36559/2024 dated 23.01.2025 and in W.P.No.22165/ 2025 dated 29.08.2025. For Petitioner : Mr.P.Tamilmani For Respondents : Mr.L.S.M.Hasan Fizal Additional Government Pleader for R1 and R2 Mr.Abishek Murthy for R3 O R D E R The petitioner is the owner of the property situated at Town Survey Nos.10/2 and 11/2, New Block No.5, Ward-E, Old Survey No.475/2 part of Tiruppur Town. He had purchased the property by way of a registered sale deed dated 10.07.2025. A portion of the property that the petitioner had purchased, had been notified in the Tiruppur Local Page Nos.2/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 Planning Area – Tiruppur Detailed Development Plan No.10 (Map No.5) as forming part of D D-60 feet road and D2 D2-60 feet road. The Detailed Development Plan had been issued, with approval from the planning authorities, on 07.03.1979. 2. As the property had been reserved for public purpose, in terms of Section 36 of the Tamil Nadu Town and Country Planning Act, 1971 [hereinafter referred to as ‘the Act’], the third respondent was required under Section 38 of the Act to either acquire any land from the owner resorting to the appropriate Land Acquisition Act or obtain a title by way of negotiation. 3. It is the case of the petitioner that as the respondents have not resorted to any of the proceedings under Section 38 of the Act, the reservation has lapsed. Taking note of the submissions of the petitioner, this Court directed Mr.Abishek Murthy, learned counsel appearing for the third respondent and Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader appearing for respondents 1 and 2 to get instructions. Page Nos.3/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 4. When the matter was called today, Mr.Abishek Murthy produced the instructions of the Commissioner, Tiruppur Municipality, which reads as follows : ''jpUg;g{h; khefuhl;rp kz;lyk; vz;/2. thh;L vz;/18. thh;L?<. gpshf; vz;/5. e/m/vz;/10-2. 11- 2y; jpUg;g{h; mgptphpj;jp jpl;lk; vz;/10y; D-D D1-D1 60 mo jpl;l rhiy mikf;fpwJ/ jpl;l rhiyapid ePf;f nfhhp jpU/o/ghh;j;jrhujp vd;gth; ghh;itapy; fhQqk; brd;id cah;ePjpkd;w 36124-2025y; tHf;F bjhlh;e;Js;shh;/ jpUg;g{h; mgptphpj;jp jpl;lk; vz;/10 vd;gJ DDP/R(C.N)No.3/79 ehs; 07/03/1979y; tiuglk; 5y; m';fpfhpf;fg;gl;ljhFk;/ ,jpy; D-D D1-D1 60 mo jpl;l rhiyahdJ f";rk;ghisak; Kjy; ghg;gehaf;fd;ghisak; tiu cs;sJ/ ,r;rhiyahdJ khefuhl;rpahy; ifag;gLj;jg;glhky; cs;sJ/ vdnt. jpl;l rhiyia bghJkf;fspd; eyd; fUjp kw;Wk; vjph; fhy nghf;Ftuj;J behpriy jtph;f;Fk; tifapy; ,r;rhiyapid khefuhl;rpf;F xg;gil bra;a khz;gik brd;id cah;ePjpkd;wj;jpy; bjhptpf;f nfl;Lf;bfhs;sg;gLfpwJ/'' 5. The underlined portion shows that the Tiruppur Municipality has not taken possession of the property in terms of Section 38 of the Act. As per Section 38 of the Act, in case, title is not acquired by the local body as per the reservation within a period of three (3) years from the date of publication, the reservation is deemed to lapse. The Supreme Page Nos.4/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 Court in Raju S.Jethmalani and Ors. Vs. State of Maharashtra and Ors. (2005) 11 SCC 222 held that it is incumbent upon the local body to implement the reservation so made under the Development Plan, Master Plan or the Detailed Development Plan and in case, those have been done so, the statutory reservation lapses. The decision laid down by the Supreme Court has been followed by this Court in K.Rukkumani Vs. The Director of Town & Country Planning and Others in W.P.No.36559 of 2024, dated 23.01.2025 and in P.Nithiyanandha Kumar Vs. The Director of Town & Country Planning and Others in W.P.No.22165 of 2025, dated 29.08.2025. 6. As steps have not been taken as contemplated under the Act, the writ petition succeeds. The reservation of the property situate at Old S.No.475/2 part, New Town Survey Nos.10/2 and 11/2, New Block No.5, Ward-E to an extent of 112 sq.mts is deemed to have lapsed. This Writ Petition is allowed. There shall be no order as to costs. 09.10.2025 Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No ms Page Nos.5/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 To 1. The Director of Town & Country Planning, Office of the Directorate of Town & Country Planning, Second, Third and Fourth Floors, E & C Market Road, Koyambedu, Chennai – 600 107. 2. The Assistant Director, Town & Country Planning, Office of the District Town & Country Planning, First Floor, Kumaran Commercial Complex, Tirupur. 3. The Commission, Tirupur Municipal Corporation, Tirupur. Page Nos.6/7 https://www.mhc.tn.gov.in/judis W.P.No.36124 of 2025 V. LAKSHMINARAYANAN, J. ms W.P.No.36124 of 2025 09.10.2025 Page Nos.7/7 https://www.mhc.tn.gov.in/judis