Purchaser of pre-2016 unapproved plot entitled to regularisation scheme benefits despite post-cutoff acquisition.

ORDER

Mr.C.Satheesh, learned Government Advocate takes notice for the first Respondent. Mr.S.S.Madhavan, learned Additional Government Pleader takes notice for the second Respondent. Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the third Respondent.

2. The petitioner assails the order dated 13.02.2026 issued by the second respondent.

3. In the said order, the petitioner's application for regularisation of the plot measuring 243 sq. ft., in Survey No.1483/2B3B in patta No.6264, to an extent of 6 cents, situated in 18^th ward, now ward No.1, Vadakari Keezha Padakai, Mettukal Road, Sengottai Taluk, Tenkasi district came to be rejected.

4.The subject plot was purchased by the petitioner's vendor through a registered sale deed dated 12.12.2014 and subsequently he conveyed the said plot in favour of the petitioner through a registered sale deed dated 13.10.2021. The petitioner submitted an application with the second respondent for regularisation of the unapproved plot as provided under G.O.Ms.No.70, Housing and Urban Development (Na.vs.4(1)) Department, dated 15.05.2025.

5. The said G.O.Ms.70 reveals that the Director of Town and Country Planning shall issue necessary instructions to all the local planning authority to ensure that, in respect of plots sold prior to 20.10.2016, building plans approval shall be considered only after the plot is regularised, and that is no deviation for the regularisation condition is permitted. Accordingly, it was ordered that the time limit for submission of applications for regularisation for unapproved layouts and plots under the Tamilnadu Regularisation of unapproved Layouts and Plots Rules, 2017 , shall be extended upto 30.06.2026 so as to enable eligible persons to avail the benefit of the scheme.

6. The scheme is the beneficial scheme and the petitioner's vendor has purchased a plot much prior to the cut off date, that is, 20.10.2016, and the petitioner has step into the shoes of his vendor and therefore, he is entitled for regularisation of un- authorised plot in terms of G.O.Ms.No.70. Therefore the rejection of application of the petitioner citing that the petitioner purchased un- authorised/unapproved plots after the cut off date is arbitrary and discriminatory.

7. In such circumstances, the impugned order of the second respondent is not legally sustainable. Therefore, the Writ Petition is allowed. The impugned order dated 13.02.2026, passed by the second respondent is hereby quashed. The second respondent is hereby directed to reconsider the application submitted by the petitioner afresh and pass appropriate orders in accordance with law within a period of eight(8) weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petitions are closed.