Madras High Court
R.Renganathan vs / on 28 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.2339 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.2339 of 2025
R.Renganathan ... Petitioner
/Vs./
1.The District Registrar,
Virudhunagar District.
2.The Sub-Registrar,
Palavanatham Village,
Virudhunagar District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to register the
settlement deed registered on 12.12.2024 executed by the writ petitioner
in favour of his younger son Ajithkumar, which is pending registration
under TP/201715618/2024 without insisting on production of any DTCP
approval relating to Plot No.3, under Survey No.70/11 Patta No.3403 of
Palavanatham Village, Aruppukottai Taluk, Virudhunagar District and
release the said document forthwith.
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W.P.(MD)No.2339 of 2024
For Petitioner : Mr.K.R.Laxman
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
ORDER
This writ petition has been filed for a direction directing second
respondent to register the settlement deed 12.12.2024 executed by the
writ petitioner in favour of his younger son Ajithkumar, which is
presented for registration and it is kept as pending document in respect of
the property comprised in Survey No.70/11, Plot No.3 situated at
Palavanatham Village, Aruppukottai Taluk, Virudhunagar District under
patta No.3403.
2. By consent of both parties, this writ petition is taken up for final
disposal at the stage of admission itself. Heard the learned counsel on
either side and perused the materials placed before this Court.
3. The petitioner had purchased the property comprised in S.No.
70/11 to an extent of 37 cents by the registered sale deed dated
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W.P.(MD)No.2339 of 2024
23.10.2006 registered vide Document No.1555 of 2006. Thereafter, the
petitioner formed a road for the said land and sold out to an extent of
6.24 cents in favour of one Kanakaraj by the registered sale deed dated
22.01.2016 vide registered document No.182 of 2016. Subsequently, he
also sold out another piece of land to an extent of 10.34 cents in favour
of one Ramesh vide registered document No.183 of 2016. Now the
petitioner had executed the settlement deed in respect of the remaining
land admeasuring 6.24 cents in favour of his son 12.12.2024 and
presented for registration. However, it was refused to register by the
second respondent on the ground that there is a bar under Section 22-A
of the Registration Act and the subject house plot requires regularisation.
4. Though the other house plots were sold, there is an amendment
in the provision under Section 22-A of the Registration Act was inserted
by the Tamil Nadu Amendment Act 2 of 2009 with effect from
20.10.2016. It is relevant to extract Section 22-A of the Act hereunder:-
“22-A. Refusal to register certain documents .—
Notwithstanding anything contained in this Act, the3/9
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W.P.(MD)No.2339 of 2024registering officer shall refuse to register any of the
following documents, namely:—
(1)instrument relating to the transfer of immovable
properties by way of sale, gift, mortgage, exchange or lease,
—
(i) belonging to the State Government or the local
authority or Chennai Metropolitan Development Authority
established under section 9-A of the Tamil Nadu Town and
Country Planning Act, 1971;
(ii) belonging to, or given or endowed for the
purpose of, any religious institution to which the Tamil Nadu
Hindu Religious and Charitable Endowments Act, 1959 is
applicable;
(iii) donated for Bhoodan Yagna and vested in the
Tamil Nadu State Bhoodan Yagna Board established under
section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or
(iv) of Wakfs which are under the superintendence
of the Tamil Nadu Wakf Board established under the Wakf
Act, 1995, unless a sanction in this regard issued by the
competent authority as provided under the relevant Act or in
the absence of any such authority, an authority so
authorised by the State Government for this purpose, is
produced before the registering officer;
(2) instrument relating to the transfer of ownership
of lands converted as house sites without the permission for4/9
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W.P.(MD)No.2339 of 2024development of such land from planning authority
concerned:
Provided 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.
Explanation I.—For the purpose of this section
‘local authority’ means,—
(i) any Municipal Corporation constituted under
any law for the time being in force; or
(ii) a Municipal Council constituted under the
Tamil Nadu District Municipalities Act, 1920 ; or
(iii) a Panchayat Union Council or a Village
Panchayat constituted under the Tamil Nadu Panchayats
Act, 1994 ; or
(iv) any other Municipal Corporation, that may be
constituted under any law for the time being in force.
Explanation II.—For the purpose of this section
‘planning authority’ means the authority constituted under
section 11 of, and includes the Chennai Metropolitan
Development Authority established under section 9-A of the
Tamil Nadu Town and Country Planning Act, 1971;
(3) instrument relating to cancellation of sale
deeds without the consent of the person claiming under the
said sale deed.”
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W.P.(MD)No.2339 of 2024
5.Though the proviso to Section 22-A(2) of the Act 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 developers 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 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 20th6/9
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W.P.(MD)No.2339 of 2024October, 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.”
6. From the above, it is clear that 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
20.10.2016 and individual plot in a sub-division registered by a sale or
title deed as on 20.10.2016 shall also be eligible for regularization.
Therefore, the subject plot, which is now stopped for registration, is
required for regularization. It is being the first sale, the judgment cited
by the learned counsel for the petitioners is not applicable to the case on
hand.
7. Therefore, the second respondent has rightly refused to register
the settlement deed on the ground that there is a bar under Section 22-A
of the Registration Act since the subject property is unapproved, it
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W.P.(MD)No.2339 of 2024
requires regularisation and there is no illegality or irregularity in the
order passed by the respondent and there is no interference is required in
this regard.
8. Accordingly, the writ petition is dismissed. No costs.
28.01.2025
Index : Yes / No
NCC : Yes / No
am
TO:-
1.The District Registrar,
Virudhunagar District.
2.The Sub-Registrar,
Palavanatham Village,
Virudhunagar District.
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W.P.(MD)No.2339 of 2024
G.K.ILANTHIRAIYAN, J.
am
Order made in
W.P.(MD)No.2339 of 2025
Dated:
28.01.2025
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