Nitysa Chandran v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Nitysa Chandran ... Petitioner vs.
The Sub Registrar, Registration Department, Office of the Sub-Registrar, Panagudi, Tirunelveli District.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned `Refusal check slip` under RFL/Panagudi/15/2025, dated 27.03.2025 issued by the respondent and quash the same and to direct the respondent to register the sale deed executed in favour of the petitioner dated 25.03.2025 in relation to the lands to an extent of 6.40 cents (0.02.60 Hectares) situate within large extent of 4 Acre 37 cents, comprised in survey no. 898/1 (898/15 as per sub division), Levinjipuram village, Radhapuram Taluk and Tirunelveli District within a time frame as may be fixed by this Court.
For Petitioner :Mr.C.Aravinthan For Respondent :Mr.P.T.Thiraviyam Government Advocate ***** 1/6
O R D E R
The petitioner seeks for the following relief: "Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned `Refusal check slip` under RFL/Panagudi/15/2025, dated 27.03.2025 issued by the respondent and quash the same and to direct the respondent to register the sale deed executed in favour of the petitioner dated 25.03.2025 in relation to the lands to an extent of 6.40 cents (0.02.60 Hectares) situate within large extent of 4 Acre 37 cents, comprised in survey no. 898/1 (898/15 as per sub division), Levinjipuram village, Radhapuram Taluk and Tirunelveli District within a time frame as may be fixed by this Court."
2.The case of the petitioner is that the property situated in S.No. 898/1, Levinjipuram Village, Radhapuram Taluk and Tirunelveli District belongs to one Edwin Amalsingh. The said Edwin Amalsingh sold the property to an extent of 33.60 cents on 28.07.2023. The purchasers were (1)Ramkumar;
(2)Antony Chandrasekar;
(3)Lydia Josephine;
(4)Aldina Lincy; and 2/6
(5)Jesu Rajamani.
3.The said document was registered in Doc.No.3089/2023. Subsequently, the aforesaid persons partitioned the property by way of a registered partition deed in Doc.No.3552/2023 on the file of the Sub Registrar at Panangudi. The aforesaid Ramkumar was allotted 6.4 cents in the partition deed. The said Ramkumar alienated the property allotted to him in favour of the Writ Petitioner on 25.03.2025. A document was presented for registration, which was refused to be registered by invoking Section 22-A(2) of the Registration Act. Challenging the same, the present Writ Petition. 4.I heard Mr.G.Aravindhan for the petitioner and Mr.P.T.Thiraviyam for the respondent.
5.For Section 22-A(2) of the Registration Act to apply, the alienation of the property should be an unauthorised conversion of agricultural lands into housing plots. A perusal of the sale deed shows that the alienation is of "GQ;ir" (punja) lands. The very nature of classification of the lands are agricultural lands. When agricultural lands are sold as it is, they do not attract the provision of Section 223/6
A(2) of the Act.
6.Apart from that, the petitioner has filed an undertaking affidavit of the purchaser/Writ Petitioner stating as follows: "6.The above lands, has been purchased by me, with the standing trees, will be utilised only for agricultural purposes to grow grass which was to be utilized to feed our cows. For cultivating the Napier grass, we intended to purchase the above said piece of agricultural land.
7.Apart from that I will not use or modify the above said lands as house site. If I decide to develop the above lands into house plots or commercial usage or intend to raise some constructions in future, I undertake that I will get proper permission towards conversion or approval towards regularisation prior to making such development." 7.The undertaking affidavit is taken on record. 8.As Section 22-A(2) of the Act does not apply to the facts of the present case, the impugned order, dated 27.03.2025 is quashed. There shall be a direction to the respondent to register the sale deed executed in favour of the petitioner within a period of two weeks from the date of uploading of the order on to the website of this Court. 9.Needless to add, the petitioner on the strength of this order, can only get the sale deed registered and cannot convert the lands purchased under the document into housing plots without getting 4/6
permission from the DTCP and the local planning authorities. 10.In the result, the Writ Petition is allowed. No costs. Index :Yes / No 22.04.2025 NCC :Yes / No cmr To The Sub Registrar, Registration Department, Office of the Sub-Registrar, Panagudi, Tirunelveli District.
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V. LAKSHMINARAYANAN, J.
cmr 22.04.2025 6/6