A.Jeganathan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

A.Jeganathan Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition allowed on terms: (i) impugned order (Refusal Check Slip) set aside; (ii) claimant in whose name the property vests to execute a duly notarised affidavit containing the prescribed undertaking (no residential/commercial use or development, no claim to electricity/water/sewerage connections, without due permission from the planning authority and due conversion) in four sets and file one set before this Court within four weeks from receipt of the web copy of the order, only upon which a certified copy of the order shall be issued; (iii) petitioner entitled to represent the document along with three sets of affidavits with the certified copy; (iv) upon re-presentation the document shall be registered if there is no other impediment; (v) affidavit to be scanned and uploaded along with the document; (vi) remaining two sets dispatched to the local authority and the jurisdictional Assistant Engineer of TANGEDCO, who shall at all times consider the undertaking and act accordingly; (vii) failure to file the affidavit within four weeks results in the writ petition standing dismissed; (viii) no costs.

Issue for consideration

Whether the Refusal Check Slip refusing 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 — can stand where the petitioner contends the land is conveyed as such without changing its use.

Court's answer

Where the executant and 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 location, size, boundary or road-abutment of the land, on condition that affidavits in four sets are executed and filed before this Court, the Sub-Registrar, the local body and TANGEDCO; the Court declares this rule (laid down in Sankarakumar & another v. The Sub-Registrar, Panpozhi, W.P.(MD)No.29522 of 2025) to govern the matter and applies it to set aside the refusal and order registration of the present document.

Ratio / Principle

The undertaking affidavits must be executed and filed in four sets before this Court, the Sub-Registrar, the local body and TANGEDCO; a party breaching the undertaking will also be liable for contempt of this Court, in addition to other actions.

Detailed headnote1 paragraphs

WRIT OF CERTIORARIFIED MANDAMUS (Art. 226) ALLOWED — Registration — Refusal under S.22-A, Registration Act, 1908 — Refusal Check Slip RFL/Kallidaikurichi/40/2026 dt. 22.06.2026 refusing registration of conveyance of 25 cents in Survey No.296/1C, Aaladiyur Part 2 Village, Tirunelveli District, on the ground of conveyance as residential plot/for residential use without planning approval, set aside — Matter held no longer res-integra, governed by Sankarakumar & anr. v. The Sub-Registrar, Panpozhi (W.P.(MD)No.29522 of 2025, dt. 17.04.2026): where executant and claimant express intention to use the property as such without converting its nature, the document shall be registered irrespective of location, size, boundary or road abutment, balancing Art. 300-A rights with development control legislation under S.22-A(2) — Condition: duly notarised affidavit undertaking in four sets to this Court, Sub-Registrar, local body and TANGEDCO; breach attracts contempt of Court in addition to other actions; affidavit to be filed within four weeks of receipt of web copy, else writ petition automatically dismissed; on re-presentation, document to be registered absent other impediment; affidavit scanned and uploaded; no costs.