T.Sankaranayanan v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Sankaranarayanan ... Petitioner Vs.

The Sub Registrar, Kadayam Sub Registrar Office, Kadayam, Tenkasi District.

... 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 of the impugned check-slip made in Refusal Number.RFL/Kadayam/45/2025 dated 22.07.2025 and quash the same as illegal and consequently directing the respondent herein to register the Settlement Deed dated 22.05.2025 presented by the petitioner executed in favour of his son relating to the lands an extent of 9.24 cents and 10.20 cents of lands comprised in S.No.462/3A situated at Pungampatti, South Madathoor Village in Tenkasi Taluk, and District. For Petitioner : Mr.D.Srinivasaragavan For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

Heard both sides.

2.The petitioner wants to settle the petition mentioned property in favour of his son. When the settlement deed was presented for registration, the respondent refused to accept the document. In view of the bar erected by Section 22A of the Registration Act, 1908 and challenging the refusal check slip, this writ petition has been filed. 3.It is not in dispute that the writ petitioner was allotted 1 acre 84 cents of land in a family partition. Out of what was allotted to him, the petitioner wants to settle two items of property, one measuring 9 1⁄2 cents and other measuring 10.20 cents in favour of his son. 4.The learned Special Government Pleader pointed out that the writ petitioner virtually wants to promote an unapproved layout. This is evident from the boundary description where, one of the boundaries is shown as a panchayat road.

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5.I therefore called upon the petitioner to produce a draft sale deed in which no road is shown as a boundary. Accordingly, a draft sale deed has been produced before me. The sale deed that was originally presented for registration has been suitably amended. It is further undertaken by the petitioner that in the settlement deed itself a specific condition will be incorporated to the effect that if in future the settlee wants to develop the property, prior permission must be obtained from the competent authority. In other words, without regularising the land in question as a plot by DTCP or any other competent authority, no development will take place in the settled land. If such a clause is specifically incorporated and if no road is shown as a boundary, the registering authority will receive and register the document and release it subject to the fulfilment of the other usual formalities. 6.This Writ Petition is disposed of accordingly. No costs. 19.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Kadayam Sub Registrar Office, Kadayam, Tenkasi District.

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