A.J.Saravanan v. The Inspector General Of Registration

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. A.J.Saravanan 2.Nk Nagendra Prasad Petitioner(s) Vs

1. The Inspector General of Registration No 100, Santhome High Road, Chennai 2.The District Registrar, Tirupattur, Tirupattur District 3.Sub Registrar Jolarpettai, Tirupattur District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the entire records

2/6 pertaining to the refusal check slip No RFL /jolarpettai /46/2024 dated 06.12.2024 by the respondent 3 herein and to quash the same as illegal incompetent and further direction to the respondent 3 to register the Sale deed dated 06.12.2024 executed in favour of the petitioners on its representation. For Petitioner(s):

Mr.P.A.Sudesh Kumar For Respondent(s):

Mr.U.Baranidharan Special Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal Check Slip issued by the 3 rd respondent dated 06.12.2024 executed in favour of the petitioners.

2.Heard Mr.P.A.Sudesh Kumar, learned counsel appearing on behalf of the petitioners and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of respondents.

3.The refusal Check Slip has been issued by the 3 rd respondent mainly on the ground that the entire property is sought to be sold in small pieces by

3/6 creating house plots and hence, there is a chance of utilizing the property as a house plot without getting a proper approval for converting agricultural lands into a house site/layout.

4.The specific case of the petitioner is that the property is being purchased only as an agricultural land and the petitioners are purchasing 0.21 cents of agricultural lands. Therefore, there is no indication in the document that it is going to be utilized as a house site or is going to be converted as layout. 5.In the considered view of this Court, the 3 rd respondent has gone on a presumption that the subject property will be utilized as a house site, considering the fact that it is sold in small lots. The property is described in the Sale Deed as an agricultural land and nowhere in the Sale Deed, it is indicated that it is sought to be utilized as a house site or a house plot. In the absence of the same, it has to be dealt with only as an agricultural land which does not require any previous approval for sale. It must also be made abundantly clear that the registration of the Sale Deed by the 3 rd respondent will not

4/6 automatically convert the property into a house site/layout and if any such attempt is being made to use the property in such a manner, it can be done only after getting proper approval under the Tamil Nadu Change of Land Use (From Agriculture to Non-Agriculture Purposes in Non-Planning Areas), Rules 2017. 6.In the result, this writ petition stands allowed and there shall be a direction to the 3 rd respondent to register the Sale Deed, if it is otherwise in order. No Costs. Consequently, connected miscellaneous petitions are closed. 03-03-2025 (1/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr To

1. The Inspector General of Registration No 100, Santhome High Road, Chennai

5/6 2.The District Registrar, Tirupattur, Tirupattur District 3.Sub Registrar Jolarpettai, Tirupattur District.

6/6 N.ANAND VENKATESH J.

ssr 03-03-2025 (1/2)