R.G.Ramachandran Vs the District Registrar

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus calling for the records relating to impugned refusal check slip in Ref: RFL/Ramakrishnaraji Petai/128/2024 dated 30.09.2024 issued by the second respondent and quash the same and consequently, direct the second respondent to register the sale deed in favour of Thenarasu, in respect of the property situated at Plot No.97, Old Survey No.100/1, New Survey No.100/1A in Vilakanpoodi Village, R.K. Pettai, Thiruvallur District on re-presentation within a stipulated time frame.

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For petitioner Mr. T. Nixon

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For respondents Mr. B. Vijay Additional Government Pleader

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W.P.No. 3733 of 2025

ORDER

This writ petition has been filed challenging the impugned refusal

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check slip issued by the second respondent dated 30.09.2024 and for a consequential direction to the second respondent to register the sale deed executed by the petitioner in favour of Thennarasu with respect to the subject property.

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2. On 07.02.2025, this Court passed the following order:

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“The affidavit that has been filed in support of the writ petition is far from satisfactory. The 2^nd respondent has refused to register the document mainly on the ground that the house site is unapproved and it has not been regularised. In the affidavit, there is not even a mention as to whether any house site was registered after the coming into force of the 2016 Rules. In the absence of any pleadings, this Court cannot pass any orders by merely considering the typed set of papers.

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When the above was brought to the notice of the learned counsel for the petitioner, the learned counsel sought for some time to file a better affidavit in this case.

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Post this case at the end of the motion list on 12.02.2025.”

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The writ petition was thereafter listed for hearing on

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14.02.2025 and the following order came to be passed by this Court:

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“Pursuant to the earlier order passed on 07.02.2025, additional affidavit has been filed along with additional typed-set of papers.

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Learned counsel for the petitioner has brought to the notice of this Court that two sale deeds were registered in the years 2022 and 2023. Even subsequently, a gift deed was registered in the year 2024. It was, therefore, contended that there is no reason for the second respondent to refuse registration of the document presented by the petitioner.

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Learned Special Government Pleader shall take instructions and report before this Court regarding the stand taken in the additional affidavit and additional typed-set of papers filed today. https://www.mhc.tn.gov.in/judis Post this writ petition at the end of the motion list on 24.02.2025.”

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The case was once again listed on 24.02.2025 and this

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Court passed the following order:

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“The learned Special Government Pleader appearing on behalf of the respondents based on oral instructions cited various reasons as to why the claim made by the petitioner in these writ petitions is unsustainable. The learned Special Government Pleader also brought to the notice of this Court the disciplinary proceedings that were initiated against the concerned Sub Registrar. It will be more appropriate to take written instructions in this regard along with the relevant documents so that the submissions of both sides can be dealt with and final orders can be passed.

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Post these writ petitions at the end of the motion list on

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03.03.2025."

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When the matter was taken up for hearing today, learned

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Additional Government Pleader produced written instructions dated

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03.03.2025 received from the second respondent. A scanned version of the

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same is as follows:

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Heard Mr. T. Nixon, learned counsel for the petitioner and Mr. B. Vijay, learned Additional Government Pleader for the respondents.

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The learned counsel for the petitioner submitted that already three documents have been registered in this case in Doc. Nos.1016/2022, 1135/2023 and 369 of 2025 and therefore, there is no reason as to why the sale deed executed by the petitioner should not be entertained and registered.

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Per contra, learned Additional Government Pleader, based on the written instructions received from the second respondent, submitted that all those proceedings were opposed to Section 22(A) of the Registration Act and the Sub Registrar concerned who registered these documents has come to the adverse note of the Registration Department and he is already facing disciplinary proceedings in which he has been placed under suspension.

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The learned Additional Government Pleader also brought to the notice of this Court the order passed by a Division Bench of this Court in W.M.P. No.15656 of 2017 in W.P.No.19566 of 2015 dated 15.06.2017, wherein, the learned Additional Government Pleader specifically relied upon the following paragraphs:

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“3. Rule 15(b) of Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 provides that where no regularisation is ordered under the said Rules for an approved plot or layout, then such unapproved plot or layout shall not be registered under the Registration Act, 1908 (Central Act 9 of 1908) by the Registration Department.

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It is, thus, clarified that transfer of plots, which had been registered as house sites before 21^st October 2016, except those which have been registered in violation of interim orders passed by this Court may be registered. Rule 15(b) is to be construed to apply to those plots which had not been registered as house sites prior to 21.10.2016.”

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The learned Additional Government Pleader submitted that

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in the case on hand, admittedly, the plot was not registered as on the cut off date on 21.10.2016 and therefore, without getting proper approval, it cannot be registered since it will be opposed to Section 22(A) of the Registration Act.

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In the considered view of this Court, reliance that was placed on three documents which were registered for the adjacent plots have already been put to question by making a note to the effect that those registrations were opposed to Section 22(A) of the Registration Act. Therefore, those registrations will not enure to the benefit of the petitioner.

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That apart, admittedly, there was no sale of the plot prior to

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21.10.2016 which is the cut off date and the plot continues to be an unapproved plot and therefore, it cannot be dealt with since it will be opposed to Section 22(A) of the Registration Act. If at all the petitioner wants to deal with the plot, it can be done only after getting proper https://www.mhc.tn.gov.in/judis

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regularisation from the authority concerned under the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. If the petitioner gets the necessary approval under the said Rules, thereafter, the document can be presented for registration and the same will be registered, if it is otherwise in order.

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This writ petition is disposed of in the above terms. There shall be no order as to costs.

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03.03.2025

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cad

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Note to Office: Issue order copy by 10.03.2025

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