[Cites 2, Cited by 0]
Madras High Court
Latha vs The Sub Registrar on 19 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
WP(MD). No.31572 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
WP(MD) No.31572 of 2025
Latha ... Petitioner
Vs
The Sub Registrar,
Registration Department,
Chettikulam
Sub Registrar Office (Madurai North),
Madurai District.. ... Respondent
PRAYER :-
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a WRIT OF CERTIORARIFIED
MANDAMUS calling for the records relating to the impugned check slip
in RFL/chttikulam (Madurai the North) 151/2025 dated 29.10.2025
issued by the respondent and quash the same and consequently direct the
respondent to receive the settlement deed dated 28.10.2025 executed by
the petitioner in favour of her husband and register the same and release
the document presented by the petitioner as per the Registration Act
1908, within a time frame.
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WP(MD). No.31572 of 2025
For Petitioner : Mr.M.Maruthupandian,
For Respondent : Mr.K.S.Selvaganesan,
Addl. Govt. Pleader
ORDER
This Writ Petition is filed challenging the impugned refusal
check slip issued by the respondent dated dated 29.10.2025 and alos
seeking for a consequential directing, directing the respondent to receive
the settlement deed dated 28.10.2025 executed by the petitioner in favour
of her husband and register the same and release the document presented
by the petitioner as per the Registration Act 1908, within a time frame.
2. According to the petitioner, the subject property is the
ancestral property of the petitioner and the petitioner constructed a house
in the subject property after getting building plan approval from local
authorities and the petitioner has been living in the said house along with
her family. While being so, the petitioner intended to settle the above
said house to the petitioner's husband and therefore, she has executed a
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settlement dated 28.10.2025. Thereafter, when the petitioner was
presented the said settlement deed for registration, the same was refused
to be registered and issued the impugned refusal check slip stating that
the above mentioned house is situated at unapproved/not regularised
house site and therefore, there is a bar under Section 22A(2) of the
Registration Act, 1908. Challenging the same, the petitioner has filed
this Writ Petition.
3. The learned counsel appearing for the petitioner would
submit that the petitioner constructed a house on the subject property
after obtaining approval from the local authorities and has been in
occupation of the said house for more than a decade and therefore, the
question of a bar under Section 22A(2) would not arise. Hence, he prays
for setting aside the impugned order.
4. The learned Additional Government Pleader appearing for
the respondent would submit that since the house is situated in an
unapproved house site, the impugned order came to be passed. Therefore,
he prays for dismissal of this Writ Petition.
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5. This Court heard the submissions made by the learned
counsel appearing on either side and perused the materials available on
record.
6. On a perusal of the records, it is seen that the subject
property is the inherited property of the petitioner and the petitioner out
of love and affection, has executed a settlement deed dated 28.10.2025.
Under these circumstances, the respondent refused to register the
settlement deed citing the reason that there is a bar under Section 22A(2)
of the Registration Act, 1908. The bar under Section 22A(2) would
apply one when layout is formed. In the circular/clarification issued by
the Inspector General of Registration dated 16.03.2020, referring to G.O.
(Ms)No.78, Tamil Nadu Housing and Urban Development Department,
dated 04.05.2017, the term “layout” has been defined to mean that if
more than eight plots are formed in the Metropolitan area, it amounts to
the formation of a layout, and no such definition is provided with regard
to other areas. Since the layout is not defined for any area other than
Metropolitan area, the definition provided in G.O.(MS)No.78 for the
word “layout” can be safely apply for other areas as well. The same
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definition shall be applied to the petitioner's case. Now the petitioner is
only selling inherited property. Therefore, at no stretch of imagination,
one could be construed that the petitioner is selling a plot out of the
unapproved layout. Further, the subject property is an inherited property
of the petitioner and she constructed a house on the said property after
obtaining approval from the local authorities. Hence, the question of
invoking the bar under Section 22A(2) of the Registration Act, 1908 does
not arise in the present case. Therefore, the impugned order is liable to be
set aside.
7. Accordingly, the impugned refusal check slip issued by
the respondent is set aside. The petitioner is directed to represent the
settlement deed dated 28.10.2025 before the respondent. Upon
representation of the same, the respondent is directed to register the
settlement deed dated 28.10.2025, forthwith.
8. With the above direction, this Writ Petition is allowed.
There shall be no order as to costs.
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9. Post the matter on 27.02.2026 “for reporting compliance”.
19.02.2026
Index : Yes/NO
NCC : Yes/No
VSM
Note: Issue order copy on 20.02.2026
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TO
The Sub Registrar,
Registration Department,
Chettikulam
Sub Registrar Office (Madurai North),
Madurai District..
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KRISHNAN RAMASAMY, J.
VSM
Date : 19.02.2026
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