LAWS(MAD)-2022-9-222

MOTHEES BABA Vs. STATE OF TAMIL NADU

Decided On September 02, 2022
Mothees Baba Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ petition has been filed to challenge Rule 5(1) of the Tamil Nadu Regularisation of Unapproved Plots and Lay-out Rules, 2017 (hereinafter referred to as 'the Rules of 2017') and G.O.No.16 dtd. 25/1/2021 issued by the Housing and Urban Development (UD4(1))Department.

(2.) The learned counsel for the petitioner submits that there is a conflict between Rule 3 and Rule 5(1) of the Rules of 2017 and thus cannot coexist together and at the same time, Government Order dtd. 25/1/2021, fixing the extended time limit of 28/2/2021 for regularisation of plots, sold or unsold in the unapproved layouts unless at least one plot in the said layout should have been registered on or before 20/10/2016.

(3.) It is submitted that in the absence of the knowledge of the notification of 2017 to bring Rules and subsequent Government Orders to extend time, petitioner was unable to make an application to seek regularization of the layout and individual plot sold by him on or before the cut-off date of 20/10/2016 given under Rule 3 of the Rules of 2017.