Allowed¶32

Murugan v. The Sub Registrar

Madras HC29 Apr 2026WP(MD)/13476/2026

Case brief

AI extract

What is this about?

Section 22-A Registration Act 1908 refusal check slip; sale deed registration without change of land use; residential plot without planning approval; undertaking affidavit four sets; contempt liability; Sankarakumar Panpozhi W.P.(MD) No.29522 of 2025; Article 300-A; Article 226 certiorarified mandamus; Sub-Registrar Manavalakurchi Kanyakumari; TANGEDCO local body; W.P(MD)No.13476 pf 2026; W.M.P(MD)No.10026 of 2026; Madurai Bench Madras High Court; D.Bharatha Chakravarthy; 29.04.2026.

What did the court decide?

Writ petition allowed on terms: impugned refusal order set aside; document to be registered upon the claimant executing and filing notarised affidavits of undertaking in four sets as directed; no costs; connected miscellaneous petition closed. ¶32

Murugan 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 a document refused registration under Section 22-A of the Registration Act, 1908 on the ground that the property is conveyed as a residential plot/for residential use without planning approval can be registered where the executant conveys the land as such without any change of use.

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Court's answer

This Court determined that the present matter is no longer res-integra and is governed by its earlier judgment in Sankarakumar & another v. The Sub-Registrar, Panpozhi (W.P.(MD) No.29522 of 2025), and disposed of the petition under that regime.

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Ratio / Principle

The impugned refusal order shall stand set aside.

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Key takeaways

The claimant in whose name the property vests shall execute a duly notarised affidavit in four sets and file one set before this Court within four weeks from receipt of the web copy of the Order; only upon such filing shall a certified copy of the Order be issued to the petitioner.ratio¶35
The affidavit of undertaking to be executed by the claimant shall state that the claimant undertakes not to use the property as a residential/commercial site or effect any other change of user without obtaining due permission from the planning authority.ratio¶27

Detailed headnote1 paragraphs

Writ petition (Article 226) by vendor Murugan against the Sub-Registrar, Manavalakurchi, Kanyakumari District, challenging refusal check slip RFL/Manavalakurchi/92/2026 dated 21.04.2026, whereby registration of a sale deed dated 21.04.2026 covering 3.950 cents in New S.No.426/13A5, Manavalakurchi Revenue Village, Kalkulam Taluk, was refused under Section 22-A of the Registration Act, 1908 on the ground that the property is conveyed as a residential plot/for residential use without planning approval, while the petitioner contended the conveyance effected no change of use. Holding the matter governed by its judgment in Sankarakumar & another v. The Sub-Registrar, Panpozhi (W.P.(MD) No.29522 of 2025), the Court allowed the petition on 29.04.2026 (D. Bharatha Chakravarthy, J.): the impugned order stands set aside; upon the claimant executing a duly notarised affidavit in four sets undertaking not to use the property as a residential/commercial site nor change its user nor develop it without due permission of the planning authority (breach punishable as contempt), and filing one set before the Court within four weeks, the document shall be represented with the certified copy and three affidavit sets and registered if there is no other impediment, with the affidavit scanned and uploaded alongside, and the remaining sets forwarded to the local authority and the jurisdictional TANGEDCO Assistant Engineer to act on the undertaking; failure to file the affidavit within four weeks results in dismissal of the petition. No costs; connected W.M.P(MD)No.10026 of 2026 closed.

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W.P(MD)No.13476 pf 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated: 29.04.2026

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CORAM

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THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P(MD)No.13476 pf 2026 and W.M.P(MD)No.10026 of 2026

Murugan

... Petitioner

Vs.

1.The Sub-Registrar, Manavalakurchi Sub-Registrar Office, Kanyakumari District.

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2.Reshma 3.Satheesh

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...Respondents

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Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the impugned refusal check slip under RFL/Manavalakurchi/92/2026 passed by the 1st respondent dated 21.04.2026 and to quash the same as illegal and further to direct the 1st respondent to register the sale deed dated 21.04.2026 executed by the petitioner relating to the landed properties having extent of 3.950 cents comprised in New S.No.426/13A5 situated at now Manavalakurchi Revenue Village, Kalkulam Taluk, Kanyakumari District.

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

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W.P(MD)No.13476 pf 2026

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For Petitioner :Mr.B.Micheal Sebastin For R1 :Mr.M.Gangatharan Government Advocate

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ORDER

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This Writ Petition challenges the impugned refusal check slip. The document is refused registration under Section 22-A of the Registration Act, 1908, on the ground that the property is conveyed as a residential plot or for residential use without approval from the planning authority to convert the site into a residential one. In this case, the petitioner contends that the land is conveyed as such, without changing its use.

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In such cases, the matter is no longer res-integra and is governed by the Judgement of this Court in Sankarakumar & another - Vs- The Sub-Registrar, Panpozhi (W.P.(MD) No.29522 of 2025) . This Court considered the purport of Section 22-A(2), the need to balance the Constitutional Right of the owners of the property under Article 300-A with the enforcement of development control legislation and the rules framed thereunder. It held that, irrespective of the location of the land, if the executant and the claimant of the document express an intention to

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

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W.P(MD)No.13476 pf 2026

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use the property as such, without converting its nature, then, irrespective of the size of the land, boundary, abutting a pathway/road, etc., the document shall be registered, on condition that affidavits in four sets be executed and filed before this Court, the Sub-Registrar, the local body and the Tangedco. It is made clear that the party breaching the undertaking will also be liable for contempt of this Court, in addition to other actions.

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The affidavit containing the following undertaking shall be

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executed by the claimant in whose favour the title vests under the document:

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“I undertake not to use the property as a residential/commercial site or such other change of user, unless due permission is obtained from the planning authority. Without due approval, I will not develop the site by changing its use, and will not put up any residential or commercial building. I am aware that I may be liable to punishment for contempt of Court for violating this undertaking. I am also aware that I will not be entitled to claim electricity connection or water, sewerage, and other

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

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W.P(MD)No.13476 pf 2026

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connections or services from the local authority or any other authority unless due conversion is made as per the permission of the planning authority.”

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This writ petition is allowed on the following terms:

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(i) The impugned order shall stand set aside.

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(ii) The claimant under the document refused for registration, in

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whose name the property vests, shall execute a duly notarised affidavit in four sets and file one set before this Court within a period of four weeks from the date of receipt of the web copy of this Order; Only upon filing of the same, a certified copy of this Order shall be issued to the petitioner.

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(iii) Along with the certified copy of the Order of this Court, the petitioner will be entitled to represent the document along with three sets of affidavits.

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(iv) Upon representation, the document shall be registered if there is no other impediment.

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(v) Along with the document, the affidavit filed shall also be scanned and uploaded.

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(vi) The two other sets shall be dispatched to the local authority

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

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W.P(MD)No.13476 pf 2026

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and the jurisdictional Assistant Engineer of TANGEDCO concerned, who shall at all times consider the aforesaid undertaking and act accordingly.

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(vii) If the petitioner fails to file an affidavit as directed within four weeks of receipt of the web copy of this Order, the writ petition shall stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.

29.04.2026

NCC:Yes/No am

The Sub-Registrar, Manavalakurchi Sub-Registrar Office, Kanyakumari District.

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

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W.P(MD)No.13476 pf 2026