R.Madhavan v. The District Registrar

O R D E R The petitioner is before this Court challenging the impugned Refusal Check Slip dated 06.07.2026, bearing Reference No. RFL/Lalgudi/89/2026, whereby registration of the Sale Deed presented by the petitioner in respect of Plot No.17, comprised in New Survey Nos.76/8 and 78/9 (Old Survey Nos.76/3A1 and 78/6A1), situated in Sri Renga Garden Phase-II, Appadurai Village, Lalgudi Taluk, Tiruchirappalli District, has been refused on the ground that the Joint Director, District Town and Country Planning, Tiruchirappalli, vide his proceedings in Na.Ka.No.2488/2025/Thi.Ma-3 dated 29.06.2026, has directed that no document relating to the lands comprised in Survey Nos.76/3A1, 4A1, 78/6A1, 76/4A1B, 76/5A1, 76/3B2, 78/6A1B and 78/4 shall be registered until further orders. Page No. 2 of 9

¶2The aforesaid proceedings in Na.Ka.No.2488/2025/Thi.Ma-3 dated 29.06.2026 appears to have been issued by the Joint Director, District Town and Country Planning, Tiruchirappalli on the basis of the objections raised by the owners of the neighbouring layout, stating that their land would become landlocked and that there would be no access to their property in Survey No.76/1.

¶3Therefore, vide order dated 07.08.2026, the Joint Director, District Town and Country Planning, Tiruchirappalli, was suo motu impleaded as the third respondent in this Writ Petition.

¶4The learned Additional Government Pleader for the third respondent would draw the attention of this Court to Rule 35(25) of the Tamil Nadu Combined Development and Building Rules, 2019, which was inserted vide G.O.Ms.No.16, Municipal Administration and Water Supply (MA1) Department, dated 31.01.2020 and G.O.(Ms) No.79, Housing and Urban Development [UD4(3)] Department, dated

04.05.2017. Page No. 3 of 9

¶5As per Rule 35(25) of the Tamil Nadu Combined Development and Building Rules, 2019, the competent authority reserves the right to insist that the applicant set apart such road spaces within the site, in the interest of the public, for better movement in the area and also to ensure that the development does not block access to the properties in the vicinity, in cases of large developments where link roads are to be provided for connectivity to the adjoining land areas through the site applied for development and the applicant shall hand over the same, free of cost, by way of a registered gift deed to the Local Body for declaring the same as a public road. In such cases, the setback space from these roads to the buildings proposed shall be provided as prescribed under these Rules. Rule 35(25) of the Rules is extracted below:-

¶35Planning Parameters for Non High Rise Buildings.-

(1) .............. ...................

(25) In the interest of the public for better movement in the area and also to ensure that development does not block access to the properties around, in cases of large developments where link roads are to be provided for connectivity to the adjoining land areas through the site applied for development, the competent authority reserves the right to insist the applicant to set apart such road spaces within the site and the applicant shall hand Page No. 4 of 9 over the same, free of cost through a registered gift deed to the Local Body for declaring it as a public road. In such cases, set back space from these roads to the buildings proposed shall be provided as prescribed in these rules.

¶6The learned Additional Government Pleader for the third respondent would state that vide G.O.(Ms) No.79, Housing and Urban Development [UD4(3)] Department, dated 04.05.2017, the Government has issued "The Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017", in the context of the Rules for Change of Land Use from Agriculture to Non-Agriculture in Non-Planned Areas under Section 122(2)(k) read with Section 47-A of the Tamil Nadu Town and Country Planning Act, 1971.

¶7A reference was made to Rule 7 of the said Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas) Rules, 2017, which deals with the guidelines to be followed by the Director for granting his prior concurrence. A specific reference is also made to Rule 7(1)(c) of the said Rules, which is extracted below:- Page No. 5 of 9

¶7Guidelines to be followed by the Director for giving his prior concurrence.-(1) The Director shall satisfy himself the following, namely:-

(a) ............

(b) ...........

(c) The proposed development is not made in vacant lands blocking access to surrounding lands which do not have any other means of access.

¶8In the present case, the land purchased by the petitioner, comprised in Plot No.17 in New Survey Nos.76/8 and 78/9 (Old Survey Nos.76/3A1 and 78/6A1), situated in Sri Renga Garden Phase-II, Appadurai Village, Lalgudi Taluk, Tiruchirappalli District, was approved by the Joint Director, District Town and Country Planning, Tiruchirappalli, vide Approval No.60/2021. The said layout was subsequently approved by the Appadurai Village Panchayat under Resolution No.132/2021 dated 18.10.2021. The roads and common areas were also duly gifted to the local body in accordance with law.

¶9If there was any violation by the promoter of the layout in the actual implementation of the approved plan/layout approval, it is for the third respondent to take appropriate action. The petitioner cannot be penalised. Since, as on the date, Approval is there, the sting in Section Page No. 6 of 9 22-A(2) of the Registration Act, 1908, cannot operate against the petitioner.

¶10Therefore, there shall be a direction to the respondent to register the Sale Deed presented by the petitioner for registration. Needless to state, the registration and developmental activities shall be subject to any action that may be taken by the third respondent to ensure that there is a clear thoroughfare in the approved layout, namely, Sri Renga Garden Phase-I, Phase-II, Phase-III, etc., Appadurai Village, Lalgudi Taluk, Tiruchirappalli District for residents/owners of the land in Survey No. 76/1.

¶11With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs.

14.08.2026 JEN NCC : Yes / No Index : Yes / No To

1.The District Registrar, Tiruchirappalli District. Page No. 7 of 9

2.The Sub Registrar, Lalgudi Taluk, Tiruchirappalli District.

3.The Joint Director, District Town and Country Planning, Tiruchirappalli. Page No. 8 of 9

C.SARAVANAN, J. JEN

14.08.2026 Page No. 9 of 9

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN R.Madhavan ... Petitioner Vs. 1.The District Registrar, Tiruchirappalli District. 2.The Sub Registrar, Lalgudi Taluk, Tiruchirappalli District. 3.The Joint Director, District Town and Country Planning, Tiruchirappalli. ... Respondents (R3 was suo motu impleaded by this Court vide order dated 07.08.2026.) Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records relating to impugned Refusal Check Slip No.RFL/Lalgudi/89/2026 dated 06.07.2026 issued by the second respondent pursuant to the proceedings of the Joint Director, District Town and Country Planning, Tiruchirappalli in Na.Ka.No.2488/2025/Thi.Ma-3 dated 29.06.2026, quash the same and consequently direct the second respondent to register the Sale Deed presented by the petitioner in respect of Plot No.17 comprised in New Page No. 1 of 9 Survey Nos.76/8 and 78/9 (Old Survey Nos.76/3A1 and 78/6A1) situated in Sri Renga Garden Phase-II, Appadurai Village, Lalgudi Taluk, Tiruchirappalli District. For Petitioner : Mr.V.R.Shanmuganathan For R1 & R2 : Mr.R.Parthiban Special Government Pleader For R3 : Mr.S.Venkatesh Additional Government Pleader