A BALU Vs. DIRECTOR, TOWN AND COUNTRY PLANNING

JUDGEMENT

(1.) The writ petition has been filed to declare the reservation made in respect of the petitioner's land in survey No.5/26B1, Sirudhur Village, Madurai North Taluk, forming part of the Sirudhur detailed development plan part I to have lapsed in light of Sec.38 of the Tamil Nadu Town and Country Planning Act, 1971 (TNAct 35 of 1974).

(2.) The case of the petitioner is that he purchased a property to an extent of 0.24.0 hectares in Survey No.5/26B1 at Sirudhur Village, Madurai North Taluk, Madurai District, through a registered sale deed, dated 12.07.1998 and since then, he has been in possession and enjoyment of the same. Patta was also issued in his favour by the Tasildhar, Madurai North Taluk.

(3.) The petitioner would state that pursuant to the resolution passed by the 2nd respondent, dated 08.03.1999, the 1st respondent approved the detailed development plan and the land of the petitioner in Survey No.5/26B1 has been reserved for a proposed scheme road. The said detailed development plan was also published in the gazette and approved by the 1st respondent on 21.07.1999.