Madras High Court
Kalaiselvam vs The District Registrar on 16 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD)No.4169 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2026
CORAM
THE HONOURABLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.4169 of 2026
Kalaiselvam ...Petitioner
vs.
1. The District Registrar,
District Registrar Office,
Tenkasi, Tenkasi District.
2. The Sub Registrar,
Karivalamvanthanallur Sub Registrar Office,
Karivalamvanthanallur Tenkasi District.
3. Subendran
4. Saraswathi ...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying
to issue a Writ of Certiorarified Mandamus to call for the entire relevant
records in respect of the impugned order passed by the 2nd respondent in
Refusal Number RFL/Karivalamvanthanallur/3/2026 dated 20.01.2026 and
quash the same as illegal and consequently direct the respondents to register
the sale deed produced by the petitioner.
For Petitioner : Mr.P.Ponraj
For Respondents : Mr.K.S.Selvaganesan,
Additional Government Pleader
for R1 and R2
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W.P.(MD)No.4169 of 2026
ORDER
This Writ Petition has been filed challenging the order passed by the second respondent in Refusal Number RFL/Karivalamvanthanallur/3/2026, dated 20.01.2026 and to direct the second respondent to register the sale deed presented by the petitioner.
2. The learned counsel appearing for the petitioner would submit that the third respondent acquired 20 cents of land by virtue of partition deed dated 21.12.2023. Now, the respondents 3 and 4 intend to settle 7.40 cents of land in favour of the petitioner by virtue of sale deed dated 20.01.2026 to meet out the medical expenses of their mother. When the sale deed was presented for registration, the second respondent refused to register the same by citing the reason that the subject property is an unapproved plot.
3. The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that since the subject property is an unapproved plot, the second respondent is not in a position to register the sale deed.
4. I have given due consideration to the submissions made on either sides.
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5. In the present case, the third respondent acquired 20 cents of land by virtue of partition deed dated 21.12.2023 and now, due to medical constraints, the respondents 3 and 4 intend to settle 7.40 cents of land in favour of the petitioner by virtue of sale deed dated 20.01.2026. While so, by citing the reason of bar under Section 22-A of the Registration Act, 1908, the second respondent refused to register the sale deed.
6. Bar under Section 22-A of the Registration Act, 1908, will come into operation when a layout is formed and unapproved plots are sold. In the present case, the third respondent acquired 20 cents of land and only a portion of that land (7.40 cents) is going to be sold in favour of the petitioner. Therefore, the question of formation of layout will not come into picture. In this regard, clarification was issued by the Inspector General of Registration on 18.03.2020, to the effect that, if the subject property is divided into more than 8 plots, then it can be considered as layout, in which case, there will be bar under Section 22-A of the Registration Act, 1908, for selling unapproved plots. In the present case, the respondents 3 and 4 intend to sell a portion of 20 cents of land which was acquired through partition deed. Hence, the bar under Section 22-A of the Registration Act, 1908, would not apply and therefore, the impugned order of the second respondent is liable to be set aside.
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7. Accordingly, the order passed by the second respondent in Refusal Number RFL/Karivalamvanthanallur/3/2026, dated 20.01.2026 is set aside. The petitioner is directed to re-present the sale deed dated 20.01.2026 and upon such re-presentation, the second respondent is directed to register the same forthwith, if it is otherwise in order.
8. In the result, this Writ Petition is disposed of. No costs.
16.02.2026 Speaking / Non-speaking order Index : Yes/No NCC : Yes/No mbi Note: Issue order copy on 17.02.2026 To
1. The District Registrar, District Registrar Office, ' Tenkasi, Tenkasi District.
2. The Sub Registrar, Karivalamvanthanallur Sub Registrar Office, Karivalamvanthanallur Tenkasi District.
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