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5. In the considered view of this Court, the petitioner was dealing with the property only as a punja land and at no point of time, there is any material to establish that there is an unapproved layout which was attempted to be dealt with by the petitioner.

6. This Court had an occasion to deal with the similar issue in W.P.(MD).No.259 of 2021. This Court after taking into consideration the scope of Tamil Nadu Regularization of Unapproved Layout and Plots Rules, 2017, came to a conclusion that only a plot / unapproved layout cannot be dealt with https://www.mhc.tn.gov.in/judis without regularization and the same cannot be extended to punja lands. The relevant portions in the order are extracted hereunder:

“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 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 https://www.mhc.tn.gov.in/judis 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.
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 https://www.mhc.tn.gov.in/judis automatically come into force. This clarification is required in order to ensure that this order is not misconstrued.”