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4. This Court intervened in the sale of unapproved plots and therefore, registration of unapproved plots was completely stopped throughout Tamil Nadu. The Government came up with Tamil Nadu Regularization of Unapproved Layouts and Plots Rules, 2017. That apart, Section 22A of the Registration Act also barred registration of unapproved plots.

5. Heard Mr.A.Srinivasan, learned counsel appearing on behalf of the petitioner and Mr.K.Sathiya Singh, learned Additional Government Pleader appearing on behalf of the respondents.

7. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner has to necessarily get the unapproved plot regularized as per the Rules and only thereafter, the petitioner will be allowed to deal with the property and the documents will be entertained by the second respondent.

8. 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 https://www.mhc.tn.gov.in/judis/ R.Rajagopal v. The District Registrar 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.

9. 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 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.

https://www.mhc.tn.gov.in/judis/ R.Rajagopal v. The District Registrar

10. 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 partition 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 unapproved plots 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.