Mr.G.Raja, Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

Mr.G.Raja, Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Impugned Refusal Check Slip set aside; petitioner entitled to re-present the document for registration after the claimant files a notarised affidavit undertaking (one set before the Court within four weeks, failing which the writ petition stands dismissed), with the certified copy issued only upon such filing, the affidavit scanned and uploaded, and the remaining sets sent to the local authority and TANGEDCO; no costs.

Issue for consideration

Whether the Refusal Check Slip refusing registration of the conveyance under Section 22-A of the Registration Act, 1908 (on the ground of intended residential conversion without planning approval) should be quashed where the petitioner contends the land is conveyed without changing its use.

Court's answer

The writ petition is allowed and the impugned order (Refusal Check Slip) shall stand set aside.

Ratio / Principle

Registration is directed on condition that the claimant in whose name the property vests executes a duly notarised affidavit in four sets and files one set before this Court within four weeks of receipt of the web copy of the order; only upon such filing shall a certified copy of the order be issued to the petitioner.

Key takeaways

Upon re-presentation along with the certified copy of the order and three sets of affidavits, the document shall be registered if there is no other impediment; the affidavit shall be scanned and uploaded along with the document, and the two other sets dispatched to the local authority and the jurisdictional Assistant Engineer of TANGEDCO, who shall at all times consider the undertaking and act accordingly.ratio¶35
If the petitioner fails to file the affidavit as directed within four weeks of receipt of the web copy of the order, the writ petition shall stand dismissed.ratio¶42
Declaring the matter governed by its earlier decision in Sankarakumar & another vs. The Sub-Registrar, Panpozhi (W.P.(MD)No.29522 of 2025, dated 17.04.2026), the Court directs that where the executant and the claimant of the document express an intention to use the property as such without converting its nature, the document shall be registered irrespective of the size of the land, boundary, or abutting a pathway/road, on condition that affidavits in four sets be executed and filed before the Court, the Sub-Registrar, the local body and TANGEDCO.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.17947 of 2026, decided 25.06.2026 (D. Bharatha Chakravarthy, J.): Writ petition challenging a Refusal Check Slip (RFL/Kallidaikurichi/41/2026, dated 22.06.2026) by which the Sub Registrar, Kallidaikurichi refused registration of a conveyance of 39 cents in Survey No.299/1G, Aaladiyur Part 2 Village, Manimutharu Panchayat, Tirunelveli District under Section 22-A of the Registration Act, 1908, on the ground that the property was conveyed as a residential plot without planning-authority approval for conversion. The petitioner contended the land was conveyed without any change of use. Following the Court's own decision in Sankarakumar & another vs. The Sub-Registrar, Panpozhi (W.P.(MD)No.29522 of 2025, dated 17.04.2026), the Court held that where the executant and claimant express an intention to use the property as such without converting its nature, the document shall be registered irrespective of the size, boundary or road frontage of the land, subject to affidavits in four sets being filed before the Court, the Sub-Registrar, the local body and TANGEDCO, breach attracting contempt. The petition was allowed on those terms: the impugned order set aside; the claimant to execute a notarised affidavit undertaking no change of user or development without planning permission and file one set with the Court within four weeks (failing which the petition stands dismissed); certified copy to issue only thereafter; upon re-presentation with three affidavit sets, registration to follow if no other impediment; affidavit to be scanned and uploaded; remaining sets to the local authority and TANGEDCO Assistant Engineer; no costs.