Madras High Court
Arumugam vs / on 21 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.1514 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.1514 of 2025
Arumugam ... Petitioner
/Vs./
1. The District Registrar
Cheranmahadevi Registration Office,
Cheranmahadevi,
Tirunelveli District
2. The Sub Registrar
Joint 2 Sub Registrar Office,
Cheranmahadevi,
Tirunelveli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records of the
impugned Refusal Slip issued by the 2nd respondent in RFL/2 Joint Sub
Registrar Cheranmahadevi/20/2024 dated 19.12.2024 and quash the
same as illegal and consequently direct the 2nd respondent to register the
sale deed presented by the petitioner
For Petitioner : Mr.V.Angusamy
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
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W.P.(MD)No.1514 of 2025
ORDER
This Writ Petition has been filed challenging the refusal check slip issued by the second respondent dated 19.12.2024, 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. Heard the learned counsel on either side and perused the materials available on record.
3. The property comprised in 369/3, to an extent of 42 cents was purchased by the petitioner by the registered sale deed dated 29.09.2021 vide document No.1205/2021. Thereafter, the petitioner had sold out a peace of land to an extent of 4.94 cents in favour of third party and the same was registered vide document No.1308/2021. Subsequently, the petitioner had executed sale deed in favour of one Ramakrishnan in respect of the property to an extent of 2 cents out of the remaining land, comprised in Survey No.369/3, situatated at Goapalasamuthiram village, Tirunelveli District and the same was presented for registration on 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 18.12.2024. However, it was refused by the second respondent on the ground that there is a bar under Section 22-A(2) of the Registration Act.
4. The learned counsel for the petitioner submitted that the proviso of Section 22-A(2) of the Registration Act, is clear that if any house site already registered after enactment of the provision under Section 22-A(2) of the Registration Act, it can be registered, without insisting for approval of the subject property.
5. The learned Additional Government Pleader appearing for the respondents, on instructions, submitted that the earlier registration is under the scrutiny of audit objection and it was also recorded in the book of records and the further proceedings is in progress and therefore, the proviso to Section 22-A(2) of the Registration Act is not applicable to the case on hand.
6. It is relevant to extract Section 22~A of the Act hereunder:-
“22-A. Refusal to register certain
documents .-
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W.P.(MD)No.1514 of 2025
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 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 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 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.5/10
https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 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.”
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, since the petitioner is the developer 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:-
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https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 “ 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.”
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 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 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 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 plot 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.
10. Therefore, the second respondent has rightly refused to register the same and this Court finds no infirmity or illegality in the order passed by the second respondent and it is liable to be dismissed. 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025
11. Accordingly, the writ petition is dismissed. No costs. It is also made clear that after getting regularisation of the subject property, the sale deed can be presented for registration.
Internet : Yes/No 21.01.2025
NCC : Yes / No
LS
TO:-
1. The District Registrar
Cheranmahadevi Registration Office, Cheranmahadevi, Tirunelveli District
2. The Sub Registrar Joint 2 Sub Registrar Office, Cheranmahadevi, Tirunelveli District.
9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1514 of 2025 G.K.ILANTHIRAIYAN, J.
LS Order made in W.P.(MD)No.1514 of 2025 Dated:
21.01.2025 10/10 https://www.mhc.tn.gov.in/judis