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Showing contexts for: unapproved plot in Ramasamy Gounder vs / on 20 November, 2019Matching Fragments
The prayer of the writ petitioner is to direct the respondents 1 & 2 to consider the petitioners representation dated 08.01.2019. http://www.judis.nic.in
2. The case of the petitioners is that they are the owners of land in Survey No.254 in Karuveppampatti, Tiruchengode Taluk, measuring an extent of 1.12 acres. Patta stands in their name. While so, when they decided to form layout and sell the same, they executed a gift deed in favour of the 2nd respondent-Village Panchayat for formation of road for the use of the plot owners as a precondition of forming layout. But later pursuant to the order passed by this Court in W.P.No.19566 of 2015 dated 12.05.2017 they released that unapproved plots cannot be registered, so they have decided to drop the plan of promoting their agricultural land into residential plot. Hence, gifting the portion of land for formation of road has lost its purpose, the petitioners have sought for re-conveying the portion of the land gifted for formation of road. The representation on 01.11.2018 was made, requesting the Sub Registrar, Tiruchengode to annul the gift deed orders. It was not considered by the SRO, Tiruchengode. The petitioners gave another representation on 08.01.2019 to the Block Development Officer and Panchayat Secretary to come forward to execute the cancellation deed in respect of the gift document No.5837 of 2016 dated 16.09.2016. Since the respondents 1 and 2 have also not responded to their representations, the present writ petition is filed. http://www.judis.nic.in
3. The 1st respondent has filed counter, wherein it is stated that the writ petition is not maintainable. Subsequent to the Regularization of Unapproved Plots and Layout Rules, 2017 (Tamil Nadu Act 35 of 1972). The unapproved layouts developed all over the State without adequate infrastructure and public amenities have been regularized taking into consideration the purchasers are all innocent buyers and poor people of lower category. Therefore, the reason given by the petitioner herein to withdraw their intention of converting the land into layout is not sustainable and having gifted the land for laying road and open space for public purpose, the petitioner herein cannot revert back. The only option before the petitioner is to seeks for regularization of unapproved plots, by taking advantage of the Regularization of Unapproved Plots and Layout Rules, 2017.