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Madras High CourtWP/39622/2025dismissed

Prema v. The District Registrar

2025-10-23Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-10-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY Prema, W/o Sathish, No 57/1, Old Police Station Road, Muthapudupettai, Ambattur, Chennai 600 055.

Petitioner(s) Vs 1.The District Registrar, Tiruvallur District.

2.The Sub Registrar, No.2 Joint Sub Registrar Office, Tiruvallur, Tiruvallur District.

Respondent(s) PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings dated 15.09.2025 made in refusal

check slip in RFL / 2 No Joint sub registrar Tiruvallur / 28 / 2025 dated 15.09.2025 issued by the 2 nd respondent quash the same as illegal, improper, unreasonable, arbtirary and against the principles of natural justice and thereby direct the 2 nd respondent to register the sale deed dated 15.09.2025 (No TP / 232913861 /2025) presented by the petitioner. For Petitioner(s):

Mr.N.Palanisamy For Respondent:

Mr.P.Harish Government Advocate

ORDER

This writ petition has been filed by the petitioner challenging the impugned proceedings dated 15.09.2025 made in refusal check slip in RFL / 2 No. Joint sub registrar Tiruvallur / 28 / 2025 dated 15.09.2025 issued by the 2 nd respondent.

2.Mr.P.Harish, learned Government Advocate, takes notice on behalf of the respondents. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

3.Learned counsel for the petitioner would submit that the petitioner intent to purchase 10 cents of land in Survey No.80/1 situated at Pakkam Village, Tiruvallur Taluk and District from one Mallika. The petitioner and her vendor prepared a sale deed for registration of the aforesaid 10 cents of land. nd respondent refused to When the same was presented for registration, the 2 register the sale deed on the ground that the petitioner intent to register the unapproved plot and the same is not permissible as per Section 22A of the Registration Act.

4.He would further submit that the petitioner's vendor had already sold some of the plot in the aforesaid survey number and registered the same before nd respondent in the year 2015, without obtaining any approval. Therefore, the 2 there is no impediment for the respondents to register the sale deed executed in favour of the petitioner as per the law laid down by this Court in the case of Subramani Vs. The Sub-Registrar, Rasipuram in W.P.No.11056 of 2024 dated

26.04.2024 since majority of the plots were already sold without obtaining approval.

5.Learned Government Advocate appearing for the respondents would submit that the law laid by this Court in W.P.No.11056 of 2024 dated 26.04.2024 was set aside by the Hon'ble Division Bench of this Court and there is bar under Section 22A of the Registration Act, to register the un-approved nd respondent refused to register the sale deed presented by plots. Hence, the 2 the petitioner.

6.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondents and perused the materials available on record.

7.Considering the submissions made by either parties, this Court finds force in the submissions made by the learned Government Advocate appearing

for the respondents. The law laid by this Court in W.P.No.11056 of 2024 dated 26.04.2024 was set aside by the Hon'ble Division Bench of this Court and there is no dispute on the said aspect. In the present case, the petitioner intent to purchase the un-approved plot citing the reason that majority of the plots in the same survey number was sold out and the petitioner intent to purchase only 10 nd respondent ought cents of land and therefore, according to the petitioner, the 2 not to have refused to register the same.

However, since there is a bar under Section 22A of the Registration Act for registering the un-approved plot unless and otherwise an approval is obtained by the petitioner's vendor, the same nd respondent has rightly cannot be registered and citing the said reason, 2 refused to register the sale deed presented by the petitioner. Thus, this Court nd respondent in does not find any error in the decision making process of the 2 refusing the sale deed presented by the petitioner for registration and the right course available for the petitioner is to get the layout approved by the petitioner's vendor. Hence, this writ petition is devoid of merits.

8.In the result, this Writ Petition stands dismissed. There is no order as to costs.

23-10-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Registrar, Tiruvallur District.

2.The Sub Registrar, No 2 Joint Sub Registrar Office, Tiruvallur, Tiruvallur District.

KRISHNAN RAMASAMY J.

rst WP No.39622 of 2025 23-10-2025