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M.Feroz Fathima v. The Government of Tamilnadu

Madras HC11 Jun 2025WP(MD)/15695/2025

Case brief

AI extract

What is this about?

Unapproved layout; refusal to register sale deed; Section 22(A) of the Registration Act; circular restricting registration to approved layouts; housing plot Nos.22, 23 and 24, Jeyam Nagar; Survey No.827/2A and 828/2A1; Suthamalli Village, Tirunelveli District; Writ of Certiorarified Mandamus; Article 226; District Registrar proceedings No.2823/AA1/2025 dated 22.05.2025; direction to obtain layout approval before approaching Registration Department; Madurai Bench of Madras High Court; W.P.(MD) No. 15695 of 2025; decided 11.06.2025 by S.Srimathy J.; disposed with no costs.

What did the court decide?

Writ petition disposed of with observations; petitioner directed to first obtain approval for the layout from the concerned authorities and thereafter approach the Registration Department; no costs; connected miscellaneous petitions closed.

M.Feroz Fathima Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of the 3rd respondent dated 22.05.2025 are liable to be quashed as non-application of mind, and whether a consequential direction should issue to the registration officials to register the document pertaining to housing plot Nos.22, 23 and 24, Jeyam Nagar, situated in Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District. +1 more

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Court's answer

The petitioner is directed to approach the concerned authorities to obtain approval for the layout, and after obtaining such approval, the petitioner may approach the Registration Department for registration of the document.

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Ratio / Principle

Since the approval of the petitioner's layout was pending and not yet approved, the Registration Department cannot register the sale deed, due to Section 22(A) of the Registration Act; the said circular directed the Registration Department to register only plots belonging to an approved layout.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S.Srimathy J.: Writ petition under Article 226 seeking a Writ of Certiorarified Mandamus to quash the proceedings of the District Registrar, Tirunelveli in No.2823/AA1/2025 dated 22.05.2025, and for a consequential direction to register the document pertaining to housing plot Nos.22, 23 and 24, Jeyam Nagar, Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District. Held: the petitioner had divided the plots and formed a layout which had not been approved, and approval was still pending; as the layout was not approved, the Registration Department could not register the sale deed due to Section 22(A) of the Registration Act, the said circular having directed registration only of plots belonging to an approved layout. The petitioner was directed to approach the concerned authorities to obtain layout approval and thereafter approach the Registration Department. Petition disposed of with these observations; no costs; connected miscellaneous petitions closed.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :11.06.2025

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CORAM:

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THE HONOURABLE MRS JUSTICE S.SRIMATHY

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W.P.(MD) No. 15695 of 2025 and

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W.M.P(MD)Nos.11932 & 11933 of 2025

M.Feroz Fathim

... Petitioner

Vs.

The Government of Tamilnadu, Rep by its Additional Chief Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai 600 009.

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The Inspector General of Registration, No.100, Santhome High Road, Rajaannamalipuram, Chennai 600 028.

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The District Registrar, Registration Department, Tirunelveli.

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The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli.

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The Commissioner of Municipal Administration, Town and Country Planning Department, Xavier Colony, South Bye Pass Road, Tirunelveli.

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... Respondents

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Page 1 of 5

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https://www.mhc.tn.gov.in/judis

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PRAYER

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PRAYER : Writ Petition is 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 3rd respondent in his proceedings issued in No.2823/AA1/2025 dated 22.05.2025 and quash the same as nonapplication of mind and consequently directing the registration officials to register the document pertaining to housing plot Nos.22,23 and 24, Jeyam Nagar, situated in Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District.

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For Petitioner : Mr.Ananth C.Rajesh For Respondent : Mr.G.Suriya Ananth Additional Government Pleader

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ORDER

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This writ petition is filed for Writ of Certiorarified Mandamus, to quash the impugned proceedings passed by the 3^rd respondent in No.2823/AA1/2025 dated 22.05.2025 and also seeking consequential direction to the registration officials to register the document pertaining to housing plot Nos.22,23 and 24, Jeyam Nagar, situated in Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District.

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Admittedly, the petitioner has divided the plots and a layout has been formed. However, the said layout has not been approved.

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_________Page 2 of 5

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https://www.mhc.tn.gov.in/judis

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The approval of the layout is still pending. Since it is pending and not yet approved, the Registration Department cannot register the sale deed due to Section 22(A) of the Registration Act. The said circular has directed the Registration Department to register only plots that belong to an approved layout.

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In view of the aforesaid reasons, the petitioner is directed

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to approach the concerned authorities to obtain approval for the layout. After obtaining approval, the petitioner may approach the Registration Department.

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