Madras High Court
R.Hema Rajeshwari vs The Sub-Registrar on 11 October, 2023
2023/MHC/4836
W.A.(MD).No.258 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.10.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.258 of 2020
R.Hema Rajeshwari .. Appellant/Petitioner
Vs.
The Sub-Registrar,
Office of the Sub-Registrar,
Vellipattinam,
Ramanathapuram District. ..Respondent/Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the
final order passed in W.P.(MD).No.26571 of 2019 dated 08.01.2020.
For Appellant : Mr.S.Malaikani
For Respondent : Mr.S.Kameswaran
Government Advocate
Page 1 of 5
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W.A.(MD).No.258 of 2020
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The order dated 08.01.2020 passed in W.P.(MD).No.26571 of 2019 is
under challenge in the present intra-Court appeal.
2. The appellant presented a sale deed for registration under Section
17 of the Registration Act. The said document was returned along with the
refusal check slip on the ground that unapproved residential plots cannot be
registered in the absence of approval from the planning authority. The
learned Single Judge considered the claim of the writ petitioner and found
that the subject residential plot was not approved by the planning authority
and accordingly dismissed the Writ Petition.
3. Section 22A(2) of the Registration Act stipulates that the
registering officer shall refuse to register an instrument relating to the
transfer of ownership of lands converted as house sites without the
permission for development of such land from planning authority
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W.A.(MD).No.258 of 2020
concerned. Even a smaller extent of land, if found to be meant for
construction of building, then approval from the planning authority is
required. Town and Country Planning Scheme is imminent for the purpose
of regulation of developments. An amendment was made by Tamil Nadu
Act 28 of 2012 with effect from 20.10.2016 and therefore, now it became
mandatory for the registering authority to verify the planning approval from
the competent authority for the purpose of registering the document. Thus,
we do not find any infirmity in respect of the order passed by the learned
Single Judge. If at all any illegality has been committed in the matter of
registering the unapproved plots by the Sub Registrars, the District
Registrar or the Inspector General of Registration is bound to initiate
appropriate action against the authorities, who had committed lapses,
negligence or dereliction of duty.
4. In view of Section 22A(2) of the Registration Act, the appellant is
at liberty to submit an application for securing approval from the planning
authority and by obtaining such approval, present the sale deed for
registration. In such an event, the registering authority shall consider for
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W.A.(MD).No.258 of 2020
registering the document by following the procedures as contemplated
under the Registration Act and Rules.
5. With the above observations, the Writ Appeal stands dismissed and
the order dated 08.01.2020 passed in W.P.(MD).No.26571 of 2019 stands
confirmed. There shall be no order as to costs.
(S.M.S.,J.) (V.L.N.,J.)
11.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
To
The Sub-Registrar,
Office of the Sub-Registrar,
Vellipattinam,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
W.A.(MD).No.258 of 2020
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).No.258 of 2020
11.10.2023
https://www.mhc.tn.gov.in/judis
