Madras High Court
C.Rajesh vs The Inspector General Of Registration on 19 March, 2025
W.P(MD)No.7318 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Writ Petition(MD)No.7318 of 2025
C.Rajesh
Door No.5/10, Ganesapuram,
Pulavar vilai, Kottar,
Nagercoil,
Represented by his Power Agent:
Sankar,
S/o Madaswamy,
Door No.16/5,
Muthaliyar Vilai,
Nagercoil.
..Petitioner
Vs
1. The Inspector General of Registration,
Office of the Inspector of General of Registration,
100, Santhome High Road,
Raja Annamalaipuram,
Chennai.
2. The District Registrar,
District Registrar Office,
Palayamkottai,
Tirunelveli District.
3.The Sub Registrar,
Sub Registrar Office,
Moolakaraipatti,
Tirunelveli District.
..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus to call for the
1/6
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W.P(MD)No.7318 of 2025
records of the Impugned Refusal Check Slip in
RFL/Moolakaraipatti/30/2025 passed by the 3rd respondent on 06.03.2025
and quash the same as illegal, and consequently, direct the third
respondent to register the Sale Deed dated 27.02.2025 executed by the
Petitioner's Power of Attorney in favour of Mr.Seelan in accordance with law
and within the time frame as may be fixed by this Court.
For Petitioner : Mr.Subbu Ranga Barathi for
Mr.C.SusiKumar
For Respondents : Mr.R.Suresh Kumar
Addl. Govt. Pleader
ORDER
The petitioner seeks to quash the Impugned Refusal Check Slip in
RFL/Moolakaraipatti/30/2025 issued by the 3rd respondent on 06.03.2025
and direct the third respondent to register the sale deed dated 27.02.2025
executed by the petitioner's Power of Attorney in favour of Mr.Seelan in
accordance with law.
2. The petitioner purchased an agricultural land measuring an extent
of 2.62.00 hectares comprised in S.No.495/2A situated at Ariyakulam
Village, Naguneri Taluk, Tirunelveli District, through a registered sale deed
dated 17.08.2023. Subsequent thereto, the petitioner alienated the property
in favour of third parties. The sale was executed as agricultural land. It
was not accepted by the third respondent, who issued the refusal check slip.
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This court quashed the check slip in W.P.(MD).No.30381 of 2024 dated
17.12.2024. Yet again, when the alienation was made, the third respondent
refused to receive the document. The petitioner approached this court in
W.P.(MD).No.4666 of 2025. When that writ petition came up for admission,
the third respondent stated that the document was already registered in
Doc. No.438/2025. Hence, that writ petition was closed. Thereafter, the
petitioner attempted to sell 34 cents of punja land in favour of one Seelan.
Yet again the third respondent has passed the impugned order stating that
Section 22A(2) of the Registration Act is attracted. Hence, the present writ
petition.
3. Mr.Subbu Ranga Bharathi for Mr.C.Susikumar pleads that the
alienation of the property is only as agricultural land. Therefore, Section
22A will not be applicable.
4. Mr.R.Sureshkumar, learned Additional Government Pleader points
out that step by step a large extent of 6 acres and 47 cents is being sub
divided and sold individually. He states that a new road has been created in
the document produced by the writ petitioner, and therefore, it has to be
treated as a sale of a house site. He relies upon G.O.(MS).No.78, Housing
and Urban Development [UD4(3)] Department, dated 04.05.2017. The said
G.O, notified the Tamil Nadu Regulation of Unapproved Layouts and Plots
Rules, 2017. Relying upon Rule 15(b) of the Rules, he pleads that such an
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unapproved plot or layout should not be registered under the Registration
Act, 1908. Therefore, the impugned order is valid.
5. I have carefully considered the submission of both sides.
6. Insofar as the plea of application of Section 22A(2) of the
Registration Act is concerned, I should point out that Section applies when a
person transfers agricultural land as a house site without prior permission
of the appropriate authority. Section 22A(2) does not apply when the
transfer is of agricultural land, as it is. As pointed out earlier, in the
present case, the land has been treated as “mad; GQ;ir” or agricultural
land. Therefore, Section 22A(2) does not apply.
7. Apart from that, the Tamil Nadu Regulation of Unapproved Layouts
and Plots Rules, 2017 is also applicable only when an immovable property is
sold, either as a plot or as part of a layout. When that is not the situation
here, the said Rule is also not applicable.
8. Further, the issue is no longer res integra and it had been settled by
the Judgment of the Hon'ble Mr.Justice N.Sathishkumar in
D.Rajamanickam Vs The Sub Registrar, Salem [West], W.P.No.426 of
2022 dated 01.07.2024.
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9. In the light of the above discussion, the writ petition is allowed and
the Impugned Refusal Check Slip in RFL/Moolakaraipatti/30/2025 passed
by the 3rd respondent on 06.03.2025 is quashed. The third respondent is
directed to register the sale deed dated 27.02.2025 presented by the
petitioner, within a period of two weeks from the date of uploading of this
order. No costs.
10. Call the matter after three weeks for reporting compliance.
19.03.2025
NCC : Yes/No
Index : Yes/No
Internet:Yes
skn
To
1. The Inspector General of Registration,
Office of the Inspector of General of Registration,
100, Santhome High Road,
Raja Annamalaipuram,
Chennai.
2. The District Registrar,
District Registrar Office,
Palayamkottai,
Tirunelveli District.
3.The Sub Registrar,
Sub Registrar Office,
Moolakaraipatti,
Tirunelveli District.
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V.LAKSHMINARAYANAN, J.
skn
Writ Petition(MD)No.7318 of 2025
19.03.2025
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