Madras High Court
R.Renganathan vs The District Registrar on 22 April, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)Nos.705 and 706 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)Nos.705 and 706 of 2025
and
C.M.P.(MD)Nos.4918, 4820, 4923 and 4924 of 2025
R.Renganathan ... Appellant in both cases
Vs.
1.The District Registrar,
Virudhunagar District.
2.The Sub Registrar,
Palavanatham Village,
Virudhunagar District. ... Respondents in both cases
Prayer in W.A.(MD)No.705 of 2025: Writ Appeal filed under Clause 15 of the
Letter Patent against the order of this Court in W.P.(MD)No.2338 of 2025, dated
28.01.2025.
Prayer in W.A.(MD)No.706 of 2025: Writ Appeal filed under Clause 15 of the
Letter Patent against the order of this Court in W.P.(MD)No.2339 of 2025, dated
28.01.2025.
1/15
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W.A.(MD)Nos.705 and 706 of 2025
In both cases:
For Appellant :Mr.K.R.Laxman
For Respondents :Mr.P.T.Thiraviyam
Government Advocate
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present writ appeal is filed by the writ petitioner against the orders,
dated 28.01.2025, passed in W.P.(MD)Nos.2338 and 2339 of 2025.
2. The writ petition in W.P.(MD)No.2338 of 2025 was filed for issuance
of a Writ of Mandamus, to direct the respondents to register the settlement deed
executed on 12.12.2024 by the writ petitioner in favour of his elder son
Pandeeswaran, which is pending registration under TP/201717418/2024 without
insisting on production of any DTCP approval relating to Plot No.3, under Survey
No.70/11 Patta No.3403 of Palavanatham Village, Aruppukottai Taluk,
Virudhunagar District and release the said document forthwith.
3. The writ petition in W.P.(MD)No.2339 of 2025 was filed for issuance
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of a Writ of Mandamus, to direct the respondents to register the settlement deed
executed on 12.12.2024 executed by the writ petitioner in favour of his younger
son Ajithkumar, which is pending registration under TP/201715618/2024 without
insisting on production of any DTCP approval relating to Plot No.3, under Survey
No.70/11 Patta No.3403 of Palavanatham Village, Aruppukottai Taluk,
Virudhunagar District and release the said document forthwith.
4. The brief facts are that the writ petitioner had purchased the property
comprised in S.No.70/11 to an extent of 37 cents by the registered sale deed,
dated 23.10.2006, registered vide Document No.1555 of 2006. Thereafter, the
petitioner formed a road for the said land and sold out to an extent of 6.24 cents in
favour of one Kanakaraj through the registered sale deed, dated 22.01.2016, vide
registered document No.182 of 2016. On the same day, the petitioner sold another
piece of land to an extent of 10.34 cents in favour of one Ramesh vide registered
document No.183 of 2016. Both the sale deeds are reflected in the encumbrance
certificate. Now, the petitioner had executed the settlement deed in respect of the
remaining land in Plot No.4 admeasuring 7.846 cents in favour of his elder son on
16.12.2024 and another settlement deed in Plot No.3 admeasuring 7.907 cents and
had retained 4.536 cents with him. The settlement deeds were presented for
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registration but the same was refused to register by the second respondent on the
ground that there is a bar under Section 22-A of the Registration Act and the
subject house plot requires regularisation. Aggrieved over the same, the writ
petitions were filed.
5. After hearing the rival submissions, the Writ Court has held that the
second respondent had rightly refused to register the settlement deed on the
ground that there is a bar under Section 22-A of the Registration Act since the
subject property is unapproved layout and it requires regularisation, hence is no
illegality or irregularity in the order passed by the respondent and dismissed the
writ petitions. Aggrieved over the same, the present writ appeals are preferred by
the writ petitioner.
6.Heard Mr.K.R.Laxman, learned Counsel appearing for the appellant
and Mr.P.T.Thiraviyam, learned Government Advocate appearing for the
respondents and perused the records.
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7. The contention of the respondents is that there is a bar under section
22-A of Registration Act if the plot is unapproved layout. But the contention of
the appellant is that if any sale is executed prior to the cutoff date i.e. 20.10.2016
then the said document ought to be registered.
8. It is seen that the appellant had purchased 37 cents of land on
23.10.2006 and the same is purchased as agricultural land. Thereafter without any
layout approval the appellant had divided the property into housing plots and sold
6.24 cents in favour of one Kanakaraj through the registered sale deed, dated
22.01.2016, vide registered document No.182 of 2016. And through another sale
deed dated 22.01.2016 sold another housing plot measuring 10.34 cents in favour
of one Ramesh vide registered document No.183 of 2016. Admittedly both the
sale deeds were registered prior to the cutoff date of 20.10.2016.
9. Now the remaining lands were sub divided as three plots, the Plot
No.3 admeasuring 7.907 cents given to one of his sons through Settlement Deed
and Plot No.4 admeasuring 7.846 cents given to another son through Settlement
Deed and the remaining plot admeasuring 4.536 cents is retained by the appellant.
When the appellant submitted the settlement deeds for registration the
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respondents refused to register stating that there is no layout approval to the
housing plots. The Learned Counsel appearing for the appellant had relied on the
proviso to the section 22-A and submitted that if it is shown that the same house
sites have been previously registered as house site, then the present settlement
deed ought to be registered. On perusing the proviso, it is seen that the said
proviso is applicable if the earlier “same house site” was registered as house site,
then the same can be registered. The said proviso is applicable if the petitioner
had purchased the property as house site in the year 2006, but the same was
purchased as agricultural land and not as housing plots. Therefore, the Court is of
the considered opinion the said proviso is not applicable to the petitioner.
10. However, the appellant is entitled to the relief of regularisation
under Rule 3 of Regularisation of Unapproved Plots and Layouts Rules, 2017
wherein it is stated if substantial portion is already sold then the remaining plots
can be regularized. In the present case, before the cutoff date already two plots to
an extent of 10.34 cents and 6.25 cents already sold on 22.01.2016 which is prior
to the cutoff date of 20.10.2016. Then the appellant is entitled to regularisation.
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11. Having said the appellant is entitled to regularisation, but the
clarification issued by the government is granting the relief of registration itself
than regularisation.
12. It is seen that the government had issued a clarification in Ref.
Letter No.359/J2/2020-1 dated 16.03.2020 to the letter of the Inspector General of
Registration letter dated 03.01.2020 in Letter No.52889/C1/2019 wherein it is
stated the word 'layout' means (i) division of land into plots exceeding 8 (eight) in
numbers in Chennai Metropolitan Planning Area; (ii) division of land into plots
by introducing a new road or street in areas other than Chennai Metropolitan
Area. Therefore, as long as the plots are less than eight and when there was no
new road or street introduced, there is no bar for registration of sale under sub-
section (2) of Section 22-A. The said clarification dated 16.03.2020 is extracted
hereunder:
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From the above clarification it is evident that if no new road or streets are formed
and if it is less than eight plots, then the bar under section 22-A is not applicable.
In the present, case there are no new roads or street and the plots are less than
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eight, in such circumstances the appellant is entitled to the benefits of the
clarification.
13. The above clarification is already dealt with by a Learned Single
Judge in order dated 01.07.2024 passed in W.P.No.426 of 2022. Even though the
Single Judge order is not binding on the Division Bench, but the Court is
convinced regarding the reasoning given to the clarification. The relevant portion
is extracted hereunder:
“17. The clarification issued above would indicate that the bar
contained under Section 22-A is only with regard to unapproved lay out
which was formed without the permission for development from
planning authority concerned and new roads or streets have been laid
after the amendment and not in respect of the Unapproved Layout prior
to the amendment came into being. Such view of the mater as the layout
was formed in 2020 and several plots had already been sold,
registration of settlement deed executed by the petitioner for the
remaining extent of land retained and held by the petitioner in favour of
his son cannot be refused. As already held such land can be used for any
purposes other than housing development. Even any one of the adjacent
land owners may wish to purchase such land for the purpose of using it
as vacant land or for any other purpose other than housing
development. Therefore, transfer of such land cannot be said to be
totally prohibited, if transfer of such land is totally prohibited, it would
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certainly violate the constitutional right guaranteed under Article 300-A
of the Constitution of India. The very object of introducing Section 22-A
by way of Tamil Nadu Act is only to restrict conversion of agricultural
land or any other land as unapproved house sites without the permission
for development of such land from planning authority concerned.
Therefore, bar contained under Section 22-A cannot be applied in a
mechanical fashion and registration cannot be refused and restraining
the owner of such land from using the land for any other purposes other
than housing development.”
14. The above clarification was not considered by the Writ Court, hence
the order passed by the Writ Court needs interference. Therefore, the order passed
by the Writ Court is set aside, the respondents are directed to register the
Settlement Deed and return the documents if it is otherwise in order and the said
exercise shall be completed within a period of six weeks from the date of receipt
of copy of the order.
15. With the above said observations, the writ appeals are allowed and
the orders passed by the Writ Court are set aside. No costs. Consequently,
connected miscellaneous petitions are closed.
[J.N.B., J.] [S.S.Y., J.]
22.04.2025
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W.A.(MD)Nos.705 and 706 of 2025
Index : Yes / No
Tmg
To:
1.The District Registrar,
Virudhunagar District.
2.The Sub Registrar,
Palavanatham Village,
Virudhunagar District.
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W.A.(MD)Nos.705 and 706 of 2025
J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)Nos.705 and 706 of 2025
22.04.2025
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