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This Writ Petition has been filed by the petitioners challenging the refusal check slip issued by the respondent dated 20.06.2024 thereby refusing to register the partition deed which was presented for registration.

2.The property comprised in Survey No.338/2A, new Survey No.565/9 to an extent of 66 cents situated at Manpothi, Keelacharivil, Thavanikadu, Melur Village, Shenkottai Taluk, Tenkasi District was purchased by the first petitioner's husband by the registered sale deed dated 28.03.2022 registered vide Document No.720 of 2022. Thereafter, the first petitioner's husband was issued patta and all the revenue records were mutated in his favour. In turn, he had executed family arrangement deed vide Document No.831 of 2024 thereby conveyed to an extent of 21-3/4 cents out of total extent of 66 cents in favour of the petitioners being his wife and two sons. In turn, the petitioners had partitioned the said property and executed partition deed dated 19.06.2024 and presented for registration. The respondent refused to register the partition deed on the ground that the subject land is unapproved/non-regularization house plot. https://www.mhc.tn.gov.in/judis

(3) instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.”

5.Though the proviso to Section 22-A(2) of the Act, 1908 says that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site, since the petitioners are the developer and it is the first sale, the proviso to Section 22-A(2) is not applicable to the case on hand. That apart, the Regularization of Unapproved Plots and Layouts Rules, 2017 (hereinafter referred to as 'the Rules') were made by G.O.(Ms)No.78, Housing and Urban Development [UD4(3)] Department, dated 04.05.2017. The Rule 3 of says about cut off date for considering the regularization of https://www.mhc.tn.gov.in/judis unapproved plots and layouts. It is relevant to extract Rule 3 hereunder:-

“3.Cut-off date for considering regularisation of unapproved plots and layouts.– Only those unapproved layouts where a part or full number of plots have been sold through a registered sale deed as on 20th October, 2016 shall be considered for regularization under these rules. Similarly, all plots including unsold ones are eligible for regularization in layouts where at least a part of the total number of plots have been sold through a registered sale deed as on 20th October, 2016. Individual plot in a sub-division registered by a sale or title deed as on 20th October, 2016 shall also be eligible for regularization. As proof and evidence, the plot holder or the layout promoter is required to furnish copies of the sale deed or title deed for the plots sold. Agreement for sale or General Power of Attorney shall not be considered as evidence for proof of sale of plot.”

7.Thus, it is clear that the unapproved plots cannot be registered and it is liable to be regularised. That apart, the consequences of non-regularisation if the house plot is not regularised, electricity, water supply and other amenities shall not be extended to such unapproved plot or layout. Such unapproved plot shall not be registered under the Registration Act 1908. Further, no building approval shall be given by the authorities concerned for such unapproved plot. In order to give effect to the consequences, the plots shall be regularised in the manner known to law. Therefore, the subject property is dropped for registration and it requires regularisation.