Srinivasan vs The Sub Registrar
- Court
- Madras High Court
2026:MHC:4395
WA.No.2258 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WA.No.2258 of 2026
CNR:{HCMA010809882026}
Srinivasan
..Appellant
Vs
The Sub Registrar,
Thottipalayam,
Thiruppur South Taluk,
Tiruppur District.
..Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the impugned order dated 26.02.2026 passed in WP.No.5211 of
2026.
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam, J.)
The present Intra Court appeal has been instituted challenging the
writ order dated 26.02.2026 passed in W.P.No.5211 of 2026. The writ
petitioner is the appellant before this Court.
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2.The appellant presented a sale deed for registration. The
registering officer refused to register the sale deed and issued a refusal
check slip dated 27.11.2025. The reason assigned in the refusal check
slip is that the appellant formed an unapproved layout in an agricultural
land and presented the document for registering the same as house
plots. In view of Section 22-A of the Registration Act (hereinafter
referred to as “the Act”), approval from the competent planning authority
is mandatory for conversion of agricultural land as residential plots or
layout. In the absence of approval from the competent authority, the
Registering Authority is empowered to refuse registration.
3.The said refusal check slip issued invoking Section 22-A of the
Act came to be challenged by way of writ proceedings. The Writ Court
disposed of the writ petition by stating that the reason for refusal by the
registering officer is in tune with Section 22-A(2) of the Act. However,
the Writ Court has granted liberty to the petitioner to get approval of the
layout or the residential plot for registration of document.
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4.Two issues are to be considered in the present appeal. They
are:
(a) Whether registration of an unapproved housing plot is
permissible under the Act?
(b) Whether a writ petition against the refusal check slip
issued by the registering officer is entertainable?
5.Section 22-A of the Act was inserted by Tamil Nadu Act 28 of
2012 dated 21.06.2012 with effect from 20.10.2016. Sub-section (2) to
Section 22-A stipulates that the registering officer shall refuse to register
an instrument relating to the transfer of ownership of lands converted as
house sites without the permission for development of such land from
planning authority concerned. Proviso clause would indicate that the
house sites without such permission may be registered if it is shown that
the same house site has been previously registered as a house site.
6.In the present case, the Registering Authority found that an
unapproved layout has been formed and the subject property previously
remained as an agricultural land. Therefore, approval from the
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competent planning authority is mandatory. Thus the refusal check slip
came to be issued. The Writ Court rightly found that the reason stated
by the registering officer based on Section 22-A(2) of the Act is in
accordance with law and declined to grant relief.
7.Regarding entertainability of a writ petition against the refusal slip
issued by the registering officer, this Court has elaborately considered
the issues in the context of Sections 71, 72 and 77 of the Act. In the
case of The Inspector General of Registration and others vs.
1
M.Arunvel Kumar and others and in the case of The Sub Registrar
2
vs. A.Nithyanandam . This Court has elaborately considered the
scheme under the Registration Act to deal with the refusal of registration
of document by the registering officer. Part XII of the Registration Act
provides “Of refusal to register”. Section 71 denotes reasons for refusal
to register to be recorded. Therefore, issuance of refusal slip to the
Presentor of the document is the preliminary decision taken by the
registering officer. On receipt of such refusal check slip, the Presentor of
the document is at liberty to submit his objections on the refusal check
1
2026 MHC 4296.
2
2026 MHC 4280.
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slip. In the event of receiving any such representations/objections, the
Registering Authority has to conduct an enquiry and pass a speaking
order under Section 71 of the Registration Act. Order passed under
Section 71 is appealable under Section 72 of the Act. The decision taken
by the registering officer and the appellate authority are amenable to a
civil suit under Section 77 of the Act. The purpose and object of the
scheme under the Act is to ensure that the civil rights of the parties are
adjudicated in the manner known to law and before the competent court
of law.
8.Writ Court cannot adjudicate the disputed facts of civil nature.
Such adjudication are to be done based on the documents in original
and evidences available on record by conducting a trial nature
proceedings, which would fall beyond the realm of the powers of judicial
review conferred under Article 226 of the Constitution of India. In the
case of A.Nithyanandam (cited sutra), the said position has been
reiterated by this Court as follows.
“8.Let us look into the scheme under the
Registration Act, 1908 (hereinafter referred to as ‘the
Act’). Part XII of the Act speaks about “refusal to
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register a document”. Section 71 denotes that the
reasons for refusal to register are to be recorded. On
receipt of refusal slip, which is the preliminary decision
taken by the Registering Authority, Presentor of
document is at liberty to submit objections to the
registering authority against the refusal check slip. On
receipt of any such representations / objections,
Registering Authority is bound to conduct an enquiry by
issuing notice to all the parties under Section 71 and
thereafter pass a speaking order. The speaking order
passed by the registering authority under Section 71 of
the Act is appealable. Under Section 72 of the Act
before the competent Appellate Authority. On receipt of
appeal, the Appellate Authority is bound to conduct an
enquiry, and by affording opportunity to the parties,
pass final orders on merits and in accordance with law.
An order under Section 72 of the Act would provide
cause for institution of civil suit under Section 77 of the
Act.
9.Section 77(1) of the Act stipulates that
“Where the Registrar refuses to order the document to
be registered, under section 72or section 76, any
person claiming under such document, or his
representative, assign or agent, may, within thirty days
after the making of the order of refusal, institute in the
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civil Court, within the local limits of whose original
jurisdiction is situate the office in which the document is
sought to be registered, a suit for a decree directing the
document to be registered in such office if it be duly
presented for registration within thirty days after the
passing of such decree”.
10.In the context of Sections 71, 72 and 77 of
the Act, 1908, under Chapter XXIII, Rule 162 of the
Registration Rules provides reason for refusal to
register document. Rule 162 reiterates that when
registration is refused, the reasons for refusal shall be
at once recorded in Book 2. Facts of the present case
would fall under Rule 162 (VII), which states about
Presentor of document, who has no right to present it.
11.The very purpose and object of Section 77
of the Act, 1908, relegating the parties to approach the
civil court is that the registering authority or the
appellate authority is not empowered to adjudicate and
decide the civil rights between the parties. High Court
cannot decide the dispute of civil in nature nor issue a
direction to register a document, in the event of
Registering Authority forming an opinion that document
produced by Presentor is not genuine or Presentor has
not established his right to register document. Thus,
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disputed facts and its adjudication by conducting roving
enquiry would fall beyond the realm of powers of this
Court under Article 226 of the Constitution of India.
12.The power of High Court under Article 226 is
to ensure processes through which decision has been
taken by competent Authority in consonance with
Statute and Rules in force, but not the decision itself. In
the event of any adjudication of dispute of civil nature,
there is likelihood of miscarriage of justice or causing
prejudice to any one of the parties. This exactly is the
reason why Constitution Courts time and again
reiterate that arms of powers of judicial review cannot
be extended for adjudication of disputed facts, which
are of civil nature. Therefore, refusal check slip
resulted in a speaking order by Registering Authority
under Section 71 of the Act, 1908 is appealable under
Section 72 and the order passed under Section 72 is
amenable to civil suit to be instituted before competent
Civil Court of law. Under Section 77, Civil Court is
competent to issue direction to Registering Authority to
register document.
13.Intention of Parliament has been expressed
in unequivocal terms that suit for decree, directing a
document to be registered may be granted by
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competent Civil Court on adjudication of disputed facts,
relating to civil rights. Therefore, Writ Petition filed
challenging the refusal slip, which is a preliminary
decision taken by Registering Authority is not
maintainable nor amenable to writ jurisdiction.”
9.In view of the two Division Bench judgments cited supra, this
Court is of the considered view that the writ petition filed by the appellant
is not entertainable and he has to necessarily exhaust the statutory
remedies as contemplated under the Registration Act. Factual
adjudication by the High Court regarding civil rights may result in
miscarriage of justice or may cause prejudice to any one of the parties.
Therefore, the parties are to be relegated to exhaust the statutory
remedies before the authorities at the first instance and approach the
competent civil court as contemplated under Section 77 of the
Registration Act. In the present case, the refusal check slip was issued
by the Registering Authority invoking Section 22-A(2) of the Registration
Act and that being the factum, this Court does not find any infirmity in
respect of the decision rendered by the Writ Court in the impugned
order.
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10.Granting liberty to the appellant to work out his remedy in the
manner known to law, the present Writ Appeal stands dismissed. No
costs.
(S.M.S.,J.) (R.R.V.,J.)
27-10-2026
Index: Yes
Speaking order
Neutral Citation: Yes
cse
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To
The Sub Registrar,
Thottipalayam,
Thiruppur South Taluk,
Tiruppur District.
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2026:MHC:4395
WA.No.2258 of 2026
S.M.SUBRAMANIAM, J.
AND
R.RAJESH VIVEKANANTHAN, J.
cse
WA.No.2258 of 2026
27-10-2026
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