Madras High Court
Subramaniam vs Sub Registrar on 15 October, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.12849 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.10.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.No.12849 of 2025
1.Subramaniam
2.Yoga Murthy
... Petitioner
Vs.
Sub Registrar
Kavindapadi 638455
Erode District.
... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the entire
records relating to the impugned refusal check slip dated 19.03.2025 in
RFL/Kavindapadi/15/2025 and quash the same and consequentially
directing the first respondent to register sale deed dated 17.03.2025
executed by the petitioners in favour of the Rotary Welfare Trust of
Kavindapadi.
For Petitioner : Mr.M.Muthappan, for Mr.Titus Encok
For Respondent : Mr. Abishek Murthy, Govt Advocate
1/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm )
W.P.No.12849 of 2025
ORDER
This writ petition has been filed challenging the impugned refusal check slip dated 19.03.2025 issued by the respondent.
2. The learned counsel for the petitioner would submit that in this case, initially, petitioner's vendor had acquired the agricultural land, to an extent of 61 cents, vide partition deed dated 25.05.2001. Out of the total extent of 61 cents, the subject property, comprising of 14 cents, was purchased by the petitioners vide sale deed dated 12.08.2022. Now, the petitioners are intend to sell the subject property to a 3rd party and executed a sale deed dated 17.03.2025. When they presented the said sale deed for registration, it was rejected by the respondent, vide impugned refusal order dated 19.03.2025, on the ground that it is an unapproved plot, for which, there is specific bar in terms of Section 22A of the Registration Act, 1908 to register the sale deed pertaining to the said subject property.
2/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025
3. However, by referring the Clarification dated 16.03.2020 issued by the respondent Department, he would submit that if a small portion of the land from a larger extent of agricultural land is sold out, the same would not be considered as a layout. In such case, the petitioner had purchased the subject property (14 cents) from a large portion of agricultural land (61 cents) and hence, it will not come under the category of unapproved plot. Therefore, the question of invoking the provisions of Section 22A of the Registration Act, 1908, would not at all come into picture. However, without considering all these aspect, the respondent had refused to register the sale deed executed by the petitioner. Hence, this writ petition.
4. After taking instructions, by referring the Town and Country Planning Act and the provision of Section 22A of the Registration Act, 1908 along with other Rules and Regulations including G.O.Ms.78 dated 04.05.2017, the learned Government Advocate appearing for the respondent made elaborate submissions to substantiate the refusal of registration of petitioner's sale deed. However, after reading the Clarification dated 16.03.2020 issued by the Principal Secretary of 3/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025 Registration Department, he would fairly admit that if a small portion of the land from a larger extent of agricultural land is sold out, the same would not be considered as a lay out. Hence, he requests this Court to pass appropriate orders.
5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and also perused the materials available on record.
6. The issue involved in this petition is as to whether the subject land can be sold and registered without attracting the provision of Section 22A of the Registration Act, 1908.
7. In this case, initially, the petitioner had purchased the subject property comprising 14 cents of agricultural land, vide sale deed dated 12.08.2025, from his vendor, who had acquired 61 cents of agricultural land by virtue of partition deed dated 25.05.2021. When the petitioner intended to sell the said subject land by virtue of sale deed dated 17.03.2025, the respondent had refused to register the same vide 4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025 impugned refusal order dated 19.03.2025, citing the reason that the subject land is an “unapproved plot” and thus, in terms of Section 22A of the Registration Act, 1908, there is a specific bar in registering the sale deed pertaining to the subject land.
8. At this juncture, it would be apposite to extract the relevant provisions of Section 22A of the Registration Act, 1908, which reads as follows:
22A. 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).................
(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;
9. A reading of the above would show that in terms of the aforesaid provision, the transfer of ownership of lands, which were converted as house sites without the permission for development of such land from planning authorities, cannot be registered. 5/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025
10. In this case, according to the petitioner, the subject land is not house site but an agricultural land. The sale deed dated 17.03.2025 was executed by the petitioner is only with regard to the 14 cents of land out of total extent of 61 cents and hence, it will not be considered as “plot/layout” to attract the provisions of Section 22A of the Registration Act, 1908. In this regard, the clarification dated 16.03.2020 came to be issued by Principal Secretary of Registration Department.
11. At this juncture, it would be apposite to extract the relevant portion of the said clarification, which reads as follows:
foj/vz;/ 359-n$2-2020?1 ehs; 16/03/2020 mDg;g[eh;
jpU/fh/ghyr;re;jpud;. ,?M/g/. muR Kjd;ikr; brayhsh;/ bgWeh;
gjpt[j;Jiwj; jiyth;.
brd;id 28 mk;ikaPh;.
bghUs;:gjpt[j;Jiw ? m';fPfhpf;fg;glhj kidg;gphpt[fs; kw;Wk; tPl;L kidfs; gjpt[ bra;jy;?bjspt[iu nfhUjy;? bjhlh;ghf/ ghh;it : gjpt[j;Jiwj; jiyth;
foj/vz;/52889-rp1-2019. ehs;6/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025 03/01/2020 ghh;itapy; fhZk; j';fsJ fojj;jpy; m';fPfhpf;fg;glhj kidg;gphpt[fs; kw;Wk; tPl;L kidfs; gjpt[ bra;jy; Fwpj;J nfhug;gl;l bjspt[iu bjhlh;ghf 1908Mk; Mz;L gjpt[r; rl;lg; gphpt[ 22V?tpd;go Ma;t[ bra;ag;gl;lJ/ mjdog;gilapy;. gpd;tUkhW bjspt[iu tH';fg;gLfpwJ/ t/ Rl;of;fhl;lg;gl;l ,d';fs; bjspt[iu vz;
1 xU jdp eguhy; 10 Murhiz (epiy) vz; 78.
brz;l; tptrha epyk; tPl;L trjp kw;Wk; efh;g[w fpiuak; bgwg;gl;Ls;sJ tsh;r;rpj; Jiw. ehs;
my;yJ mtUf;F 4/5/2017y; 'layout' vd;w g{h;tPfkhf ghj;jpag;gl;Ls;s gjj;jpw;F 'Layout' means- (i) epiyapy; mtuhy; jw;nghJ division of land into plots me;epyj;ij kidaplkhf exceeding 8 (eight) in numbers in tpw;gid bra;ag;gLfpwJ/ Chennai Metropolitan Planning mtUf;F ,e;j 10 brz;l; area; (ii) division of land into epyj;ij jtpu ntW plots by introducing a new road epy';fs; mUfpy; ,y;iy/ or street in areas other than Mfnt. ,jid Chennai Metropolitan Planning kidg;gphpthf khw;w ,ayhJ/ ,jid gjpt[f;F Area vd mDkjpj;jy; Fwpj;J/ tiuaWf; f g; gl; L s; sJ/ ,e;j mog;gilapy; ghh;f;Fk;
bghGJ ,e;neh;t[
nghd;wit 'layout' vd;w
tiuaiwf;Fs; tuhJ/
vdnt ,e;neh;t[ nghd;w
Mtz';fisg; gjpt[
bra;tJ 1988Mk; Mz;L
gjpt[r; rl;lj;jpd; gphpt[
22V(2)f;F khwhf ,Uf;fhJ
2 ///////////////////// /////////////
Kjy;
7
tiu
8 mjpf tp!;jPuzKs;s thpir vz; 1y;
tptrha epyj;jpy; mjid mspf;fg;gl;l bjspt[iuna
kidg;gphpthf khw;whky; ,jw;Fk; bghUe;Jk;/
7/10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm )
W.P.No.12849 of 2025
t/ Rl;of;fhl;lg;gl;l ,d';fs; bjspt[iu
vz;
mjpy; xU gFjp kl;Lk;
(Fwpg;ghf 5 brz;l;
jdpkid) tPl;L kidahf
jhd Vw;ghL my;yJ
fpiua Mtzkhf gjpt[
bra;jy;/
12. The Clause (8) of the above clarification would squarely applicable to the present case. For the question raised in the said clause (8), the clarification was provided at clause (1). A reading of the clause (1) of the above clarification would show that selling a small portion out of a larger extent of land would not attract the provisions of Section 22A of the Registration Act, 1908 and hence, the respondent will not have any impediment for registration.
13. In this case, initially, an extent of 14 cents of land was sold by the petitioner's vendor, out of total extent of 61 cents of agricultural land and hence, as per the above clarification, the said 14 cents of subject agricultural land should not be considered as “layout” or “plot” and thus, there is no bar for registration under Section 22A of the Registration Act, 1908. When such being the case, this Court is inclined to set aside the 8/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025 impugned order.
14. Accordingly, the impugned order dated 19.03.2025 is set aside. The respondent is directed to register the petitioner's sale deed dated 17.03.2025, immediately upon re-presentation of same by the petitioner before the respondent.
15. In the result, this writ petition is allowed. No cost. Consequently, the connected miscellaneous petitions are also closed.
15.10.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa 9/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm ) W.P.No.12849 of 2025 KRISHNAN RAMASAMY.J., nsa To Sub Registrar Kavindapadi 638455,Erode District.
W.P.No.12849 of 2025
15.10.2025 10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/10/2025 06:51:40 pm )