Nagarajan v. The Sub-Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Nagarajan ... Petitioner Vs.
The Sub Registrar, Vilankudi Sub Registration Office, Madurai North, Madurai.
... Respondent 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 records relating to the check slip issued by the respondent dated 28.08.2024 and quash the same as unlawful and unsustainable, consequently, to direct the respondent to register the sale deed dated 28.08.2024 as and when the same is presented by the petitioner.
For Petitioner : Mr.S.Kishore Kumar For Respondent : Mr.P.Subbaraj, Special Government Pleader
ORDER
Challenge has been made to the refusal check slip issued by the respondent dated 28.08.2024.
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2.It is the case of the petitioner that he has purchased the property of Nanja land to an extent of 9 cents out of total extent of 67 cents in Survey No.198/3A2A, Thenoor Village, Madurai North Taluk, Madurai from one Manoj Kumar and his wife Saranya and presented the sale deed for registration. However, the respondent, vide refusal check slip dated 28.08.2024, rejected the same on the ground that the entire extent of 67 cents have been divided and got registered, which is against Section 22-A of the Registration Act. Therefore, challenging the same, the petitioner has filed this Writ Petition. 3.It is relevant to note that Section 22-A of the Registration Act will apply only if agricultural lands are converted into house sites. Merely some portion of a land has been purchased, that cannot be construed as house site, as long as no conversion took place. The very object of Section 22-A is only to prevent massive conversion of the agricultural land into house sites without permission.
4.This issue was elaborately discussed in the case of D.Rajamanickam Vs. The Sub Registrar, Salem (West) in W.P.No.426 of 2022, wherein this Court has held as follows : 2/5
"17. The clarification issued above would indicate that the bar contained under Section 22-A is only with regard to unapproved lay out which was formed without the permission for development from planning authority concerned and new roads or streets have been laid after the amendment and not in respect of the Unapproved Layout prior to the amendment came into being. Such view of the mater as the layout was formed in 2020 and several plots had already been sold, registration of settlement deed executed by the petitioner for the remaining extent of land retained and held by the petitioner in favour of his son cannot be refused. As already held such land can be used for any purposes other than housing development.
Even any one of the adjacent land owners may wish to purchase such land for the purpose of using it as vacant land or for any other purpose other than housing development. Therefore, transfer of such land cannot be said to be totally prohibited, if transfer of such land is totally prohibited, it would certainly violate the constitutional right guaranteed under Article 300-A of the Constitution of India. The very object of introducing Section 22A by way of Tamil Nadu Act is only to restrict conversion of agricultural land or any other land as unapproved house sites without the permission for development of such land from planning authority concerned.
Therefore, bar contained under Section 22-A cannot be applied in a mechanical fashion and registration cannot be refused and restraining the owner of such land from using the land for any other purposes other than housing development."
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5.In such view of the matter, the impugned refusal check slip issued by the respondent dated 28.08.2024 is quashed. The respondent is directed to register the document presented by the petitioner within a period of one week from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is allowed. No costs. 11.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The Sub Registrar, Vilankudi Sub Registration Office, Madurai North, Madurai.
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N.SATHISH KUMAR, J Yuva 11.09.2024 5/5