Gandhimathi v. The District Registrar
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 25.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.5145 of 2026 and W.M.P.(MD).No.4331 of 2026 Gandhimathi ... Petitioner Vs 1.The District Registrar, Department of Registration, Tiruchirappalli District, Tiruchirappalli.
2.The Sub-Registrar, Office of the Sub Registrar, Manapparai-621 306, Tiruchirappalli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent with respect to the refusal of registration of the petitioner's partition deed with refusal check slip bearing No.RFL/Manapparai/297/2025 dated 23.12.2025 and quash the same and consequently direct the second respondent to register the petitioner's partition deed document in favour of Mahadevi, wife of Chinnadurai, Rajeswari, wife of Ravi and the petitioner on the 1/7
presentation of the document to the second respondent with respect to 32 3⁄4 cents of punja land in Survey No.262 /11A2 of Kannudayanpatti Village, Manapparai Taluk, Tiruchirppalli District. For Petitioner : Mr.T.M.Madasamy For R-1 and R-2 : Mr.K.S.Selva Ganesan, Additional Government Pleader
ORDER
This Writ Petition has been filed challenging the proceedings of the second respondent dated 23.12.2025 and consequently seeking a direction to the second respondent to register the petitioner's partition deed in favour of Mahadevi, wife of Chinnadurai, Rajeswari, wife of Ravi and the petitioner, on presentation of the document before the second respondent with respect to 32 3⁄4 cents of punja land in Survey No. 262/11A2 of Kannudayanpatti Village, Manapparai Taluk, Tiruchirappalli District.
2. Mr.K.S.Selvaganesan, learned Additional Government Pleader, takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
3. The learned counsel appearing for the petitioner would submit that the petitioner and two others jointly purchased the subject property 2/7
by virtue of a sale deed dated 26.09.2024. Thereafter, they decided to partition the property among themselves and accordingly presented a partition deed dated 23.12.2025 before the second respondent for registration. The second respondent refused to register the same stating that the property is not an approved house site and issued a refusal check slip bearing No.RFL/Manapparai/297/2025 dated 23.12.2025. According to the learned counsel for the petitioner, the property is classified as punja land and therefore, the bar under Section 22-A of the Registration Act will not apply. Challenging the same, the present Writ Petition has been filed.
4. The learned Additional Government Pleader appearing for the respondents would submit that three purchasers have divided the property into several portions measuring 14 cents, 7 cents and 6 cents respectively and the remaining extent of 5.75 cents has been earmarked as 'common pathway'. According to the learned Additional Government Pleader, such division would amount to formation of plots and therefore the transaction is hit by the bar under Section 22-A of the Registration Act.
5. Considering the submissions made on either side, this Court has carefully perused the materials available on record. The refusal check 3/7
slip issued by the second respondent indicates that the document was refused on the ground that the land has not been approved as house sites.
6. Section 22-A(2) of the Registration Act deals with prohibition of registration of documents relating to transfer of house sites formed without approval from the competent planning authority. The object of the provision is to prevent registration of documents relating to sale of unapproved house sites.
7. In the present case, the subject property is described as punja land and the document presented for registration is only a partition deed among the co-owners, who had earlier jointly purchased the property. The document does not disclose that the land is being sold as house sites to third parties. Therefore, merely because the property is being divided among the co-owners, it cannot automatically be treated as formation and sale of unapproved house sites attracting the bar under Section 22-A(2) of the Registration Act. If at a later stage the land is converted into house sites and sold as plots without obtaining approval from the competent planning authority, it would always be open to the authorities to take action in accordance with law. However, such a contingency 4/7
cannot be presumed at the stage of registering a partition deed among the co-owners.
8. In view of the above, this Court does not find any impediment for the registration of the partition deed presented by the petitioner.
9. Accordingly, the impugned refusal check slip bearing No.RFL/Manapparai/297/2025 dated 23.12.2025 issued by the second respondent is set aside. The petitioner is directed to re-present the document for registration before the second respondent, and on such representation, the second respondent shall consider and register the document, if it is otherwise in order and complies with the requirements of the Registration Act and the Rules framed thereunder.
10. With the above direction, this Writ Petition allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
25.02.2026 TSG Speaking/Non-speaking order Index : Yes / No 5/7
To 1.The District Registrar, Department of Registration, Tiruchirappalli District, Tiruchirappalli.
2.The Sub-Registrar, Office of the Sub Registrar, Manapparai-621 306, Tiruchirappalli District.
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KRISHNAN RAMASAMY, J.
TSG W.P.(MD)No.5145 of 2026 25.02.2026 7/7