Madras High Court
L.Saranya vs The Inspector General Of Registration on 7 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No.203 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.203 of 2025
L.Saranya ... Petitioner
Vs.
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Raja Annamalaipuram,
Chennai-600 009.
2.The District Registrar (Administration),
District Registrar Office,
Collector Office Campus,
Kokkirakulam,
Palayamkottai,
Tirunelveli District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Panagudi,
Tirunelveli District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned Refusal Check Slip under RFL/Panagudi/62/2024, dated
17.12.2024 issued by the third respondent and quash the same and pass suitable
orders to the third respondent to register the Sale Deed dated 17.12.2024 in the
https://www.mhc.tn.gov.in/judis
1/9
W.P (MD).No.203 of 2025
name of the petitioner, in respect of the agricultural lands to an extent of 4.676
cents comprised in Survey No.675/6C, Levinjipuram Village, Radhapuram
Taluk, Tirunelveli District.
For Petitioner : Mr.G.Aravinthan
for M/S.Aran Legal Consultancy
For Respondents : Mr.M.Sarangan
Additional Government Pleader
ORDER
This writ petition has been filed challenging the refusal check slip
issued by the third respondent, dated 17.12.2024 thereby, refused to register the
sale deed on the ground that there is a bar under Section 22-A(2) of the
Registration Act.
2. By consent of both parties, the Writ Petition is taken up for final
disposal at the admission stage itself.
3. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
4. The property to an extent of 0.49.50 ares comprised in Survey No.
675/2C situated at Levinjipuram Village, Radhapuram Taluk, Tirunelveli
https://www.mhc.tn.gov.in/judis
2/9
W.P (MD).No.203 of 2025
District owned by one Ponniah. He had sold to an extent 53.123 cents out of
total extent of the land by the registered sale deed, dated 06.05.2022, vide
document No.1921 of 2022 in favour of one Sivalingam. The said Sivalingam
applied for subdivision and mutated patta also in his name. For the purchase of
the lands to an extent of 4.676 cents sub-divided as Survey No.675/6C at
Levinjipuram Village out of larger extent of 53.123, the petitioner approached
the Sivalingam. On 17.12.2024 he executed the sale deed in favour of the
petitioner. The said sale deed was presented for registration, however, the third
respondent refused to register the same on the ground that there is a bar under
Section 22-A2 of the Registration Act.
5. The learned counsel for the petitioner would submit that it is only
an agricultural land and it is never shown as house plot. Therefore, the third
respondent ought not to have refuse to register the same. The entire extent of
the property is unapproved one. It was not layout into house plots. The
petitioner’s vendor purchased the half of the property and sub-divided into
house plots. One of the sub-divided house plot was sold out in favour of the
petitioner herein to an extent of 4.676 cents.
https://www.mhc.tn.gov.in/judis
3/9
W.P (MD).No.203 of 2025
6. 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, the
registering 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;
https://www.mhc.tn.gov.in/judis
4/9
W.P (MD).No.203 of 2025
(2) instrument relating to the transfer of ownership of
lands converted as house sites without the permission for
development 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.”
https://www.mhc.tn.gov.in/judis
5/9
W.P (MD).No.203 of 2025
7.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, 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 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.”https://www.mhc.tn.gov.in/judis
6/9
W.P (MD).No.203 of 2025
8. 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 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 petitioner is not applicable to the case on hand.
9. 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
plots 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. Therefore, the third
respondent has rightly refused to register the same and this Court finds no
https://www.mhc.tn.gov.in/judis
7/9
W.P (MD).No.203 of 2025
infirmity or illegality in the order passed by the third respondent and it is liable
to be dismissed.
10. Accordingly, the writ petition is dismissed. No costs.
Internet : Yes
Index : Yes/No 07.01.2025
Speaking/Non Speaking order
am
To
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Raja Annamalaipuram,
Chennai-600 009.
2.The District Registrar (Administration),
District Registrar Office,
Collector Office Campus,
Kokkirakulam,
Palayamkottai,
Tirunelveli District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Panagudi,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
8/9
W.P (MD).No.203 of 2025
G.K.ILANTHIRAIYAN, J.
am
W.P (MD).No.203 of 2025
07.01.2025
https://www.mhc.tn.gov.in/judis
9/9