Madras High Court
T.Pratheeba vs The Inspector General Of Registration on 7 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P (MD).No.331 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2025
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.331 of 2025
and
W.M.P(MD)No.225 of 2025
T.Pratheeba ... Petitioner
Vs.
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Raja Annamalaipuram,
Chennai-600 009.
2.The District Registrar (Administration),
District Registrar Office,
Palayamkottai,
Kokkirakulam,
Tirunelveli District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Panagudi,
Tirunelveli District. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to
issue a Writ of Certiorarified Mandamus, to call for the records pertaining to
the impugned Refusal Check Slip under RFL/Panagudi/65/2024, dated
26.12.2024 issued by the third respondent and quash the same and to direct the
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1/10
W.P (MD).No.331 of 2025
third respondent to register the Sale Deed dated 26.12.2024 in relation to the
lands to an extent of 10.25 cents (0.04.14 Hectares) situate within large extent
of 1 acre 20 cents comprised in Survey No.887 (887/24A1A2 as per Sub
Division) Livinjipuram Village, Radhapuram Taluk, Tirunelveli District.
For Petitioner : Mr.G.Aravinthan
for M/S.Aran Legal Consultancy
For Respondents : Mr.S.P.Maharajan
Special Government Pleader
ORDER
This writ petition has been filed challenging the refusal check slip
issued by the third respondent, dated 26.12.2024 thereby, refused to register
the sale deed on the ground there is a bar under Section 22-A(2) of the
Registration Act.
2. By consent of both parties, the Writ Petition is taken up for final
disposal at the admission stage itself.
3. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
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4. The Punja lands to an extent of about 0.11.17 hectares (27.58
cents) being the lands situate on the western 1 acre 20 cents on the southern 3
acre 56 cents leaving the 3 cents on the North East, in the total extent of 7 acre
12 cents (2.88.25 Hectares) comprised in Survey No.887, Levinjipuram
Village, Radhapuram Taluk, Tirunelveli District belong to one R.Sundaram
vide Sale Deed under Document No.898 of 2016 with the Sub-Registrar of
Panagudi, the third respondent herein. On 07.01.2021 the said R.Sundaram sold
the said lands to one T.Ulaganathan, Devi Chandran, Srinivasan, Kala and
Krishnasamy and the said Sale has been registered with the Sub-Registrar,
Panagudi as Document No.87 of 2021.
5. The said T.Ulaganathan, Devi Chandran, Srinivasan, Kala and
Krishnasamy partitioned the said lands and the terms of the partition were
reduced to writing and the partition deed came to be registered with the third
respondent as Document No.2006 of 2022. As per the said partition out of
27.58 cents comprised thereon, 10.25 cents comprised thereon in Survey No.
887 has been allotted to T.Ulaganathan. The petitioner approached the said
T.Ulaganathan towards purchase of the said lands to an extent of 10.25 cents
allotted to him vide partition deed in document number 2006/2022, dated
12.05.2022. The said sale deed was presented for registeration, however, it was
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refused to register the same on the ground that there is a bar under Section 22-A
of the Registration Act.
6. On perusal of the order impugned in this writ petition revealed that
already there was an audit objection in respect of registration of the partition
deed by the petitioner's vendor and another. In respect of its sub division into
house plots the provision under Section 22-A of the Registration Act was
inserted by the Tamil Nadu Amendment Act 2 of 2009 with effect from
20.10.2016. It is relevant to extract Section 22-A of the Act hereunder:-
“22-A. Refusal to register certain documents .—
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
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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 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.
Explanation II.—For the purpose of this section
‘planning authority’ means the authority constituted under section
11 of, and includes the Chennai Metropolitan Development
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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:-
“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
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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 required for regularization. It is being
the first sale, the judgment cited by the learned counsel for the petitioners 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
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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 third respondent has rightly refused to register the
same and this Court finds no infirmity or illegality in the order passed by the
third respondent and it is liable to be dismissed.
11. Accordingly, the writ petition is dismissed. No costs.
Internet : Yes
Index : Yes/No 07.01.2025
Speaking/Non Speaking order
am
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To
1.The Inspector General of Registration,
Registration Department,
Santhome High Road,
Raja Annamalaipuram,
Chennai-600 009.
2.The District Registrar (Administration),
District Registrar Office,
Palayamkottai,
Kokkirakulam,
Tirunelveli District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Panagudi,
Tirunelveli District.
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G.K.ILANTHIRAIYAN, J.
am
07.01.2025
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