S.Mallika vs THe District Registrar

Court
Madras High Court

WP(MD) No. 30179 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
WP(MD) No. 30179 of 2026
CNR:{HCMD011487822026}
S.Mallika
..Petitioner
Vs
1. THe District Registrar
O/o.the District Registrar
Ramanathapuram District.Ramanathapuram
2. The Sub Registrar
Velipattinam Sub Registrar Office
Ramanathapuram District.
..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus
nd
calling for the records relating to the Refusal Check Slip issued by the 2
respondent in his proceedings in RFL/Velipattinam/126/2026, dated
23.07.2026 and quash the same as illegal and consequently directing the
nd
2 respondent to register the Sale Deed, dated 15.07.2026 executed
between the petitioner and.K.Kennedy, S/o Karuppiah and K.Manickam,
S/o Karuppiah, for the land to an extent of 5 Ares 42 Sq. Meters,
comprised in Survey No.359/17B, Valangapuri Village, Rettaiyurani
Group, Ramanathapuram District within the period that may be stipulated
by this Court.
For Petitioner: Mr.T.Pradeep
for Mr.M.Jegadeesh Pandian
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WP(MD) No. 30179 of 2026
For Respondents: M/s.M.D.Devi Saravana Priya
Additional Government Pleader
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) of the
Act, 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,
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WP(MD) No. 30179 of 2026
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.''
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WP(MD) No. 30179 of 2026
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) In the recitals of the document, the subject land should be
mentioned as Nanjai or Punjai land instead of Manai .
(vi) Along with the document, the affidavit filed shall also be
scanned and uploaded;
(vii) 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;
(viii) The said undertaking affidavit shall be filed along with the
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WP(MD) No. 30179 of 2026
document to be registered and the same shall form part of the document
so registered; and
(ix) No costs.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
BTR
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WP(MD) No. 30179 of 2026
To
1. THe District Registrar
O/o.the District Registrar
Ramanathapuram District.Ramanathapuram
2. The Sub Registrar
Velipattinam Sub Registrar Office
Ramanathapuram District.
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WP(MD) No. 30179 of 2026
K.KUMARESH BABU, J.
BTR
WP(MD) No. 30179 of 2026
26-10-2026
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