Bibilarani v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.12040 of 2026 Bibilarani ... Petitioner Vs.

1. The Sub Registrar, Eraniel Sub Registrar Office, Kanyakumari District.

2. Allwin Mathew

...Respondents

Prayer: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the impugned refusal check slip under Refusal No.RFL/Eraniel/178/2026 passed by the 1st respondent dated 27.04.2026 and to quash the same as illegal and further to direct the 1st respondent to register the sale deed dated 27.04.2026 executed by the petitioner relating to the landed properties having extent of 5 cents comprised in 322/1B1A2 situated at now Thalakullam Village, Kalkulam Taluk, Kanyakumari District and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner : Mr.B.Michael Sebastin For R1 : Mr.R.Parthiban Government Standing Counsel

ORDER

This Writ Petition challenges the impugned refusal check slip. The document is refused registration under Section 22-A of the Registration Act, 1908, on the ground that the property is conveyed as a residential plot or for residential use without approval from the planning authority to convert the site into a residential one. In this case, the petitioner contends that the land is conveyed as such, without changing its use.

2. In such cases, the matter is no longer res-integra and is governed by the judgement of this Court in Sankarakumar & another vs. The Sub-Registrar, Panpozhi [W.P.(MD)No.29522 of 2025, dated 17.04.2026]. This Court considered the purport of Section 22-A(2), the need to balance the Constitutional Right of the owners of the property under Article 300-A with the enforcement of development control legislation and the rules framed thereunder. It held that, irrespective of

the location of the land, if the executant and the claimant of the document express an intention to use the property as such, without converting its nature, then, irrespective of the size of the land, boundary, abutting a pathway/road, etc., the document shall be registered, on condition that affidavits in four sets be executed and filed before this Court, the Sub-Registrar, the local body and the TANGEDCO. It is made clear that the party breaching the undertaking will also be liable for contempt of this Court, in addition to other actions.

3. The affidavit containing the following undertaking shall be executed by the claimant in whose favour the title vests under the document:

''I undertake not to use the property as a residential/commercial site or such other change of user, unless due permission is obtained from the planning authority. Without due approval, I will not develop the site by changing its use, and will not put up any residential or commercial building. I am aware that I may be liable to punishment for contempt of Court for violating this undertaking. I am also aware that I will not be entitled to claim electricity connection or water, sewerage, and other connections or services from the

local authority or any other authority unless due conversion is made as per the permission of the planning authority.''

4. This writ petition is allowed on the following terms: (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 weeks of receipt of the web copy of this order, the writ petition shall stand dismissed. (viii) No costs. Consequently, connected miscellaneous petition is closed.

12.06.2026 (4/5) rgm

D.BHARATHA CHAKRAVARTHY , J.

rgm To The Sub Registrar, Eraniel Sub Registrar Office, Kanyakumari District.

and W.M.P(MD)No.12040 of 2026 12.06.2026 (4/5)