Shanthi v. The Districr Registrar,

ORDER The petitioner is before this Court challenging the impugned Refusal Check Slip dated 27.07.2026, whereby the second respondent declined to register the Sale Deed dated 24.07.2026.

¶2The reasons stated in the impugned Refusal Check Slip dated

27.07.2026 are extracted hereunder: ''gjpTr;rl;lg;gphpT 22(V)2 tpw;F Kuzhf cs;sjhy; kidtuz;Kiw ngw;W Mtzj;jpid kPs jhf;fy ; nra;a Nfl;Lf;nfhs;sg;gLfpwJ.''

¶3It appears that the property in question is an unapproved Plot. Therefore, the registration of the Sale Deed dated 24.07.2026 would be clearly contrary to Section 22-A of the Registration Act, 1908, as inserted by Tamil Nadu Act No.28 of 2012, dated 21.06.2012, with effect from 20.10.2016.

¶4Taking note of a piquant situation arising out of the strict implementation of Section 22-A of the Registration Act, 1908, this Court, in its order dated 28.04.2026 in W.P.(MD) No.3111 of 2026 in the case of P.Chellakily vs. The Sub-Registrar, O/o. The Sub-Registrar, Kottaram, Agastheeswaram, Kanyakumari District – 629 703, recognized the constitutional right to property enshrined under Article 300-A of the Constitution of India and directed the claimant, in whom title vests under the Page3 of 7 document, to execute an affidavit containing the requisite undertaking and to comply with the further conditions stipulated in the said order dated 28.04.2026 in W.P.(MD) No.3111 of 2026, which are extracted hereunder: i. The impugned order shall stand set aside. ii. The claimant under the document refused for registration, 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 Page4 of 7 weeks of receipt of the web copy of this Order, the writ petition shall stand dismissed. Consequently, connected miscellaneous petition is closed. viii.No costs.

¶5The requisite undertaking, which has to be contained in the affidavit, is as follows: ''I/We, .................., S/o. / D/o. / W/o. / H/o. G/o. .................., residing at .................., hereby undertake that I/We will not use the property as a residential or commercial site or for any other purpose involving a change of user unless due permission is obtained from the planning authority. Without such approval, I/We will not develop the site by changing its use or put up any residential or commercial building. I/We am/are aware that I/We may be liable for punishment for contempt of Court in the event of violating this undertaking. I/We am/are also aware that I/We shall not be entitled to claim electricity, water, sewerage or any other connection or service from the local authority or any other authority unless the due conversion is effected in accordance with the permission granted by the planning authority.''

¶6If the transferee agrees with the above stipulation, I see no reason to take a different view in the matter. Page5 of 7

¶7Accordingly, the impugned Refusal Check Slip is quashed and this Writ Petition stands disposed of, subject to the above stipulation. It is further made clear that the transferee shall not put up any construction without obtaining approval from the planning authority for conversion of the site for residential or commercial use, in accordance with law. In case any such construction is put up, the authorities under the relevant statute are entitled to proceed against the transferee in accordance with law. There shall be no order as to costs.

¶8At this juncture, it is informed by the learned Special Government Pleader for the respondents that the description of the property has been wrongly mentioned in the Sale Deed as vacant land [Kaali Manai] instead of Punja land. Therefore, the petitioner is also directed to effect necessary changes in the description of the property. 12-08-2026 Index: Yes/No Speaking/Non-speaking order smn2 To

1.The District Registrar, O/o.The District Registrar, Thoothukudi, Thoothukudi District. Page6 of 7

2.The Sub Registrar, Office of the Sub Registrar, Kayalpattinam, Thoothukudi District. Page7 of 7

C.SARAVANAN, J. smn2 12-08-2026

Page1 of 7 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-08-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN Shanthi W/o.Ponnapandi Kandaswamy Nadar, Uttara kannada District, Kumta, Kaakal, Karnataka - 560001 ..Petitioner(s) Vs 1. The District Registrar, O/o.The District Registrar, Thoothukudi, Thoothukudi District. 2. The Sub Registrar, Office of the Sub Registrar, Kayalpattinam, Thoothukudi District. ..Respondent(s) 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 pertaining to the Impugned Refusal Order in RFL/Udangudi/56/2026 dated 27.07.2026 issued by the 2nd Respondent, quash the same, and further direct the 2nd Respondent to register the Petitioners Settlement Deed on the file of the 2nd Respondent's office, and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.V.Rajiv Rufus For Respondent(s): Mr.R.Parthiban Special Government Pleader Page2 of 7