Disposed¶20

Mrs.Nishanthini v. the Sub Registrar

Registration Act, 1908 – S.22A(2)

Madras HC29 Jan 2026WP/978/2026

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Case brief

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What is this about?

Madras HC, W.P.No.978 of 2026, decided 29.01.2026 (Senthilkumar Ramamoorthy, J.) — writ against Sub Registrar's refusal check slip (RFL/PUDHUCHATRAM_NAMAKKAL/BOOK2/1 dt. 05.01.2026) rejecting sale deed registration under Section 22A(2) Registration Act, 1908; dispute over agricultural land vs. house site in unapproved layout (Survey No.212/3; Plot Nos.23, 24); disposed with liberty to appeal under Section 72 within thirty days.

What did the court decide?

Liberty left to the petitioner to file an appeal under Section 72 of the Registration Act 1908; if presented within thirty days from receipt of a copy of the order, the appeal shall be received and disposed of on merits; no order as to costs. ¶20

Mrs.Nishanthini Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal of registration under Section 22A(2) of the Registration Act, 1908 was justified — specifically, whether the proposed sale is in respect of a house site in an unapproved layout or of agricultural land — a question on which the court held a factual enquiry would be warranted.

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Court's answer

Given the reasons set out in the impugned order, including the reference to sale of Plot Nos.23 and 24, a factual enquiry is warranted to ascertain whether the proposed sale is in respect of a house site in an unapproved layout, and the competing aspects (including the patta and photographs relied on by the petitioner) can conveniently be considered in appellate proceedings.

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Ratio / Principle

Without expressing any opinion on the merits, the writ petition is disposed of by leaving it open to the petitioner to file an appeal under Section 72 of the Registration Act 1908; if presented within thirty days of receipt of a copy of the order, such appeal shall be received and disposed of on merits, with no order as to costs.

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Detailed headnote1 paragraphs

Registration Act, 1908 — S.22A(2) — refusal of registration of sale deed on the ground that the property is a house site in an unapproved layout — petitioner contended the land remains agricultural (gift deed for pathway to village panchayat; DTCP approval not obtained; photographs and patta relied on) — respondent relied on encumbrance certificate for Survey No.212/3 and sale of Plot Nos.23 and 24 — Madras High Court declined to adjudicate merits: a factual enquiry was warranted and all aspects can be considered in appellate proceedings — writ petition disposed of, without expressing any opinion on merits, permitting the petitioner to file an appeal under Section 72; appeal to be received and decided on merits if presented within thirty days — no order as to costs.

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W.P.No.978 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.01.2026

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.978 of 2026

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Nishanthini .. Petitioner

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The Sub Registrar, Pudhuchatram, Namakkal District. .. Respondent

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Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the impugned refusal check slip under Refusal No.RFL/PUDHUCHATRAM_NAMAKKAL/BOOK2/1 dated 05.01.2026 and to quash the same as illegal and consequently direct the respondent to entertain the sale deed.

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For Petitioner : Mr.V.Karthikeyan for Mr.K.Manikandan

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For Respondent : Mr.U.Baranidharan, Special Government Pleader

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ORDER

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The petitioner executed and presented a sale deed for registration. The request for registration was declined under the impugned order by invoking Section 22A(2) of the Registration Act, 1908.

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

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W.P.No.978 of 2026 2. Learned counsel for the petitioner submits that the original intention was to form a lay out after obtaining approval. In relation thereto, he submits that a gift deed was executed in favour of the village panchayat for formation of a pathway. Since the DTCP approval was not obtained, he submits that the land remains as an agricultural land. He refers to the photographs enclosed with the sale deed as evidence that the land remains as an agricultural land. Therefore, he contends that the case does not fall within the scope of Section 22A(2) of the Registration Act, 1908.

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Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for the sole respondent. By relying on written instructions and the encumbrance certificate pertaining to Survey No.212/3, he submits that plots have been sold including Plot Nos.23 and 24. Therefore, he contends that there is sufficient basis to conclude that the petitioner is endeavouring to register the sale of a house site in an unapproved layout.

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The impugned order sets out reasons for concluding that the sale is in respect of a house site in an unapproved lay out, including by drawing reference to sale of Plot Nos.23 and 24. In those circumstances, a factual enquiry would be warranted in order to ascertain whether the proposed sale is in respect of a house site 2/4

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

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W.P.No.978 of 2026 in an unapproved layout. Learned counsel for the petitioner also relied on the patta to emphasise that it is an agricultural land. All these aspects can be conveniently considered in course of appellate proceedings. Therefore, without expressing any opinion on the merits, this writ petition is disposed of by leaving it open to the petitioner to file an appeal under Section 72 of the Registration Act 1908. If such appeal is presented within thirty days from the date of receipt of a copy of this order, such appeal shall be received and disposed of on merits. There shall be no order as to costs.

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29.01.2026

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Index:Yes/No mmi To

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The Sub Registrar, Pudhuchatram, Namakkal District.

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

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W.P.No.978 of 2026