K. Johny Viju v. The Sub Registrar Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 19/10/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR WMP(MD) Nos.21019 and 21020 of 2024 K. Johny Viju ... Petitioner Vs The Sub Registrar of Registration, Office of the Sub Registrar, Manavalakurichi, Kalkulam Taluk, Kanniyakumari District..

... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS calling for the records pertaining to the impugned check slip dated 24.09.2024 bearing RFL/Manavalakurichi/113 /2024 issued by the Respondent herein and quash the same and with a consequential direction directing the Respondent to accept the sale deed dated 24.09.2024 presented by the Petitioner in respect of land in Survey No. 171/1A1 and register the same.

1/10

For Petitioner : Ms.Lakshmi Gopinathan for M/s. Polax Legal Solutions, For Respondents : M.Siddharthan Additional Government Pleader

ORDER

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed challenging the impugned check slip dated 24.09.2024 issued by the respondent herein and consequently to direct the respondent to accept the sale deed dated 24.09.2024 presented by the petitioner in respect of land in Survey No.171/1A1 and register the same.

3. It is the case of the petitioner that he presented a sale deed in respect of 17.043 cents for registration. The same has been sought to be refused to be registered citing that DTCP approval has to be obtained. It is his specific case that total extent of land itself is 27 cents. Out of the said extent, 10 cents have already been sold vide registered document dated 26.05.2023. When the remaining land is sought to be sold now, the 2/10

same has been refused directing the petitioner to get approval from DTCP.

4. I have considered the rival submissions and perused the materials available on record.

5. When the small extent of land is held in the remote corner of the State and the parties are willing to deal with the property, it cannot be refused merely citing the reason that the small extent also require DTCP approval. The bar contained under Section 22(A) of the Registration Act will only apply to the conversion of land to house sites, whereas a small extent held in the village level or other mofussil area, the bar cannot be applied mechanically. In this regard, the circular dated 16.03.2020 is also issued by the Government and for ready reference, the said circular is as follows:

3/10

4/10

5/10

6/10

7/10

6. 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: "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.

guaranteed under Article 300-A of the Constitution of India. The very object of introducing Section 22-A 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."

7. In such view of the matter, the writ petition is allowed and the impugned check slip issued by the respondent dated 24.09.2024 is quashed and the respondent is directed to register the document within a period fifteen days from the date of receipt of a copy of this order. No costs. Consequently connected Miscellaneous Petitions are closed. 19.10.2024 RR TO

1. The Sub Registrar of Registration, Office of the Sub Registrar, Manavalakurichi,Kalkulam Taluk, Kanniyakumari District..

9/10

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.24696 of 2024 Date : 19/10/2024 10/10