Madras High Court
L.Pandi vs The District Registrar on 29 April, 2025
W.P.(MD).No.12607 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2025
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.(MD).No.12607 of 2025
L.Pandi .. Petitioner
Vs.
1.The District Registrar,
District Registrar Office,
Theni.
2.The Sub Registrar,
Sub-Registrar,
Andipatti,
Theni District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus, calling for the records relating to
the impugned refusal slip issued by the 2nd respondent in Refusal Number
RFL/Andipatty/22/2025 dated 02.04.2025 and quash the same as illegal
and consequently direct the 2nd respondent to register the sale deed executed
by the petitioner in Temporary Document No.TP/215420418/2025 within a
stipulated time that may be fixed by this Court.
For Petitioner : Mr.J.Senthil Kumaraiah
For Respondents : Mr.R.Suresh Kumar
Additional Government Pleader
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W.P.(MD).No.12607 of 2025
ORDER
The Writ Petition is filed challenging the impugned refusal slip issued
by the second respondent in Refusal Number RFL/Andipatty/22/2025 dated
02.04.2025 and to direct the second respondent to register the sale deed
executed by the petitioner in Temporary Document No.TP/215420418/2025
within a stipulated time that may be fixed by this Court.
2. The issue raised in the present Writ Petition is covered by a
judgment of this Court in D.Rajamanickam Vs. the Sub Registrar, Salem
(West), W.P.No.426 of 2022 dated 01.07.2024. The relevant portion of the
judgment 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
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would 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.”
3. For the mere fact that the alienation is for small extents of land,
there is no presumption that it is an attempt to convert an agricultural land
into a layout.
4. In the light of the above discussion, the impugned order is quashed.
There shall be a direction to the second respondent to register the sale deed
executed by the petitioner in Temporary Document No.TP/215420418/2025,
if it is otherwise in order.
5. Accordingly, the Writ Petition stands allowed. There shall be no
order as to costs.
29.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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To
1.The District Registrar,
District Registrar Office,
Theni.
2.The Sub Registrar,
Sub-Registrar,
Andipatti,
Theni District.
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V.LAKSHMINARAYANAN,J.
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29.04.2025
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