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2.2. The petitioner decided to sell 4620 square feet of land to one Nandhini and when he presented the sale deed on 20.10.2022 for registration, the respondent refuse dto register the sale deed on the groudn that plot https://www.mhc.tn.gov.in/judis 2 of 19 measuring an extent of 4620 square feet in S.No.558/A5B is an unapproved plot. Hence, the writ petition.

3. A detailed counter affidavit has been filed by the respondent Sub Registrar, Palacode inter alia contending that there was a partition in respect of larger extent of land in S.No.558/A between one Erusan, Maathaiyan and Mathaiyan (petitioner herein) and based on such partition, Maathaiyan executed a sale deed for 3924 square fee by creating a passage in S.No.558/1 and that the sale deed was registered as Doc.No.3057/2011. Thereafter, a power of attorney was executed in respect of 40.50 cents by one Erusan and tw others in favour of Pandurangan which was registered as Doc.No.928/2016.

14. As rightly pointed out by the respondent in his counter affidavit, the property intended to be sold by the petitioner in favour of her daughter- Mrs.M.Nandhini on 20.10.2022 was a part of an unapproved layout and it was not admittedly, registered earlier as plot but was retained by the petitioner. However, merely because the subject land was a part of the unapproved layout, it cannot be said that remaining extent of such land cannot be permitted to be dealt with by the owner of the land for any other purpose other than https://www.mhc.tn.gov.in/judis 10 of 19 construction of building.

16. The clarification issued above would indicate that the bar contained under Section 22-A is only with regard to unapproved lay out which was formed without the permission for development from planning authority concerned and new roads or streets have been laid after the amendment and not in respect of the Unapproved Layout prior to the amendment came into being. Such view of the mater as the land was plotted out as house sites and sold long https://www.mhc.tn.gov.in/judis 15 of 19 back, registration of sale deed executed by the petitioner for the remaining extent of land retained and held by the petitioner in favour of Mrs.M.Nandhini cannot be refused. Larger extent of land was already dealt with in the year 2011 itself though the house sites were unapproved one and thereafter, the purchasers of such house plots entered into various transactions quite a number of years prior to Section 22-A came to be inserted in the Registration Act, 1908. The respondent was not able to establish the fact that the road was formed recently. Therefore, merely because road has been gifted to the local body very recently , it cannot be said that such road was formed recently.