Madras HC Allows Karur Land Sale Registration If Claimant Undertakes Not To Change Land Use Without Planning Approval

The petitioner presented a sale deed dated 22 September 2026 for land measuring 0.01.86 hectares in Survey No. 2229/2B, Aandankovil East Village, Karur District.

The Sub-Registrar refused registration under Section 22-A of the Registration Act, 1908, on the ground that the property was conveyed as a residential plot or for residential use without planning-authority approval.

The petitioner contended that the land was conveyed without changing its use and sought to quash the refusal and compel registration.

Section 22-A(2) of the Registration Act, 1908, was considered in light of the property owner’s right under Article 300-A of the Constitution and the enforcement of development-control laws.

Relying on Sankarakumar & another v. The Sub-Registrar, Panpozhi, W.P.(MD) No. 29522 of 2025, decided on 17 April 2026, the Court stated that where the parties intend to convey the property without converting its nature, the document is to be registered irrespective of the land’s location, size, boundaries, or access, subject to affidavits undertaking not to change the use or develop the property without planning permission.

The Court treated the issue as governed by Sankarakumar.

It balanced the owner’s constitutional property right against development-control requirements by permitting registration while requiring the claimant to undertake not to use or develop the land for residential, commercial, or other changed purposes without the requisite planning permission.

The undertaking also precludes claiming specified utility and service connections without due conversion and warns of possible contempt consequences for breach.

The Court accordingly set aside the refusal but imposed procedural and documentary conditions on registration.

The claimant in whose favour title vests must execute a duly notarised affidavit in four sets and file one set before the Court within four weeks of receiving the web copy; a certified copy of the order will issue only after that filing.

The petitioner may then represent the document with the certified order and three affidavit sets, and the Sub-Registrar must register it if there is no other impediment.

The land must be described in the document as Nanjai or Punjai, rather than Manai; the affidavit must be scanned and uploaded and form part of the registered document.

The remaining affidavit sets are to be sent to the local authority and the jurisdictional TANGEDCO Assistant Engineer.

No costs were awarded, and the connected miscellaneous petition was closed.