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The petitioner and his brother one T.Muthukrishnan have jointly purchased a land in Survey Nos.387/1A2, 387/3A, to an extent of 62 https://www.mhc.tn.gov.in/judis cents, situated at Ramanathapuram Village, Paramakudi Taluk, from the land owners, through a Power of Attorney, namely, one Rani, by a sale deed dated 26.06.2023. When the sale deed was presented for registration before the respondent, the same has been returned with a refusal check slip dated 26.06.2023 that the land which is sough to be registered is an unapproved plot and therefore, there is a bar under Section 22A of the Registration Act, 1908, to register the same.

7. In this case, the petitioner claims that the petitioner and his brother have purchased the said land only as a Punja land and not for https://www.mhc.tn.gov.in/judis house site. In similar case, this Court has taken a decision in W.P. (MD)No.7801 of 2021 as follows:

“10. In the considered view of this Court, the above said Rules were brought into force only to curb the menace of unapproved layouts all over the State of Tamil Nadu. This was done in order to protect the interest of the innocent purchasers, who buy this unapproved plots and ultimately suffer even without basic infrastructure facilities. The Registration Act read with this Rules completely bars registration of any unapproved plot. It must be borne in mind that the said bar will operate only where the owner of the property wants to deal with the property as an unapproved plot. This bar will not apply where the owner of the property wants to deal with the property in its original form. In the present case, the petitioner wants to deal with the property as a punja land and not as a plot.
11. If the petitioner is prevented from dealing with the property as a punja land, it will be directly in violation of Article 300A of the Constitution of India.

The bar that is imposed for registration for unapproved plots cannot be extended to prevent the owner of the https://www.mhc.tn.gov.in/judis property from dealing with the property in its original form. Therefore, once the petitioner has decided that the property is not going to be dealt with as an unapproved plot and it is going to be dealt with only as a punja land, this Court does not find any bar in the second respondent entertaining the document for registration.

12. In view of the above discussion, the impugned refusal check slip issued by the second respondent is hereby quashed. There shall be a direction to the second respondent to entertain the sale deed presented by the petitioner for registration after ensuring that the petitioner is dealing with the property only as a punja land and not as a housing plot. Once necessary stamp duty and registration charges are paid, the document can be registered and it can also be released. It is also made clear that the registration of the sale deed will not in any way regularize the earlier sale of four unapproved plots made in the year 2016 and as and when those plots are sought to be dealt with, the Tamil Nadu Regularization of unapproved Layouts and Plots Rules, 2017 will automatically come into force. This clarification is required in order to ensure that this order is not misconstrued.