Rose Darvin vs The Sub Registrar
2026 Latest Caselaw 2719 Mad

Citation : 2026 Latest Caselaw 2719 Mad
Judgement Date : 21 May, 2026

[Cites 3, Cited by 0]

Madras High Court

Rose Darvin vs The Sub Registrar on 21 May, 2026

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                              W.P.(MD)No.14289 of 2026


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 21.05.2026

                                                    CORAM:

                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                             W.P.(MD)No.14289 of 2026

                 Rose Darvin                                                      ... Petitioner

                                                       -vs-

                 The Sub Registrar,
                 (Document Registration Department),
                 Eraneal Sub Registrar Office,
                 Kanyakumari District.                                            ... Respondent

                 Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
                 praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
                 records of the impugned refusal check slip in RFL/Eraneal/219/2026 dated
                 15.05.2026 passed by the respondent and quash the same as illegal and
                 consequently direct the respondent to register the sale deed presented by the
                 petitioner dated 15.05.2026 in the light of the judgment made by this Honble
                 court in Sankarakumar and another Vs The Sub-registrar in W.P. (MD).No.29522
                 of 2025 dated 17.04.2026.
                           For Petitioner        : Mr.S.Vishnuvardhan

                           For Respondent        : Mr.D.Gandhiraj,
                                                   Spl. Government Pleader.


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https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD)No.14289 of 2026



                                                           ORDER

This Writ Petition challenges the impugned refusal check slip. The

document is refused registration under Section 22-A of the Registration Act,

1908, on the ground that the property is conveyed as a residential plot or for

residential use without approval from the planning authority to convert the site

into a residential one. In this case, the petitioner contends that the land is

conveyed as such, without changing its use.

2. In such cases, the matter is no longer res-integra and is governed by the

judgement of this Court in Sankarakumar & another vs. The Sub-Registrar,

Panpozhi [W.P.(MD)No.29522 of 2025, dated 17.04.2026]. This Court

considered the purport of Section 22-A(2), the need to balance the Constitutional

Right of the owners of the property under Article 300-A with the enforcement of

development control legislation and the rules framed thereunder. It held that,

irrespective of the location of the land, if the executant and the claimant of the

document express an intention to use the property as such, without converting its

nature, then, irrespective of the size of the land, boundary, abutting a

pathway/road, etc., the document shall be registered, on condition that affidavits

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in four sets be executed and filed before this Court, the Sub-Registrar, the local

body and the TANGEDCO. It is made clear that the party breaching the

undertaking will also be liable for contempt of this Court, in addition to other

actions.

3. The affidavit containing the following undertaking shall be executed by

the claimant in whose favour the title vests under the document:

''I undertake not to use the property as a residential/commercial site or such other change of user, unless due permission is obtained from the planning authority. Without due approval, I will not develop the site by changing its use, and will not put up any residential or commercial building. I am aware that I may be liable to punishment for contempt of Court for violating this undertaking. I am also aware that I will not be entitled to claim electricity connection or water, sewerage, and other connections or services from the local authority or any other authority unless due conversion is made as per the permission of the planning authority.''

4. This writ petition is allowed on the following terms:

(i) The impugned order shall stand set aside.

(ii) The claimant under the document refused for registration,

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in whose name the property vests, shall execute a duly notarised

affidavit in four sets and file one set before this Court within a period of

four weeks from the date of receipt of the web copy of this order; Only

upon filing of the same, a certified copy of this order shall be issued to

the petitioner.

(iii) Along with the certified copy of the order of this Court, the

petitioner will be entitled to represent the document along with three

sets of affidavits.

(iv) Upon representation, the document shall be registered if

there is no other impediment.

(v) Along with the document, the affidavit filed shall also be

scanned and uploaded.

(vi) The two other sets shall be dispatched to the local

authority and the jurisdictional Assistant Engineer of TANGEDCO

concerned, who shall at all times consider the aforesaid undertaking

and act accordingly.

(vii) If the petitioner fails to file an affidavit as directed within

four weeks of receipt of the web copy of this order, the writ petition

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shall stand dismissed.