W.P.(MD) No.18086 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.18086 of 2026 and W.M.P.(MD) No.13403 of 2026 Ganapathi Perumal ... Petitioner Vs. The Sub-Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for records relating to the impugned refusal check slip of the respondent in Refusal Check Slip No.RFL/Ottapidaram/40/2026 dated 23.06.2026 and quash the same and consequently direct the respondent to register the Sale Deed dated 22.06.2026 to release the same within a time frame fixed by this Court. For Petitioner : Mr.K.Vigneshwaran For Respondent : Mr.R.Parthiban Counsel for Government of Tamilnadu _____________ Page No. 1 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 O R D E R The petitioner is before this Court challenging the impugned Refusal Check Slip dated 23.06.2026, whereby the respondent declined to register the Sale Deed presented by the petitioner on 22.06.2026 in respect of a land measuring an extent of 2.75 cents in Survey No.153/1, situated at Sinthalakattai Village, Ottapidaram Taluk, Thoothukudi District. The petitioner's vendor had purchased the said property vide a Sale Deed dated 03.09.2019, registered as Document No.2038 of 2019. 2. It appears that the property in question is an unapproved layout. The authorities had registered the earlier Sale Deed, as the description of the property did not indicate that it was a house property. The revenue records also reveal that the land is classified as agricultural property, although several constructions have come up thereon. However, the Sale Deed presented by the petitioner for registration on 22.06.2026 describes the property as a house property. Therefore, the registration of the said document would be clearly contrary to Section 22-A of the Registration Act, 1908, as inserted by Tamil Nadu Act No.28 of 2012, dated 21.06.2012, with effect from 20.10.2016. _____________ Page No. 2 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 3. Taking note of a piquant situation arising out of the strict implementation of Section 22-A of the Registration Act, 1908, this Court, in its order dated 28.04.2026 in W.P.(MD) No.3111 of 2026 in the case of P.Chellakily vs. The Sub-Registrar, O/o. The Sub-Registrar, Kottaram, Agastheeswaram, Kanyakumari District – 629 703, recognized the constitutional right to property enshrined under Article 300-A of the Constitution of India and directed the claimant, in whom title vests under the document, to execute an affidavit containing the requisite undertaking and to comply with the further conditions stipulated in the said order dated 21.05.2026 passed in W.P.(MD) No.14197 of 2026, which are extracted hereunder: i. The impugned order shall stand set aside. ii. The claimant under the document refused for registration, in 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. _____________ Page No. 3 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 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. iv. Upon representation, the document shall be registered if there is no other impediment. v. Along with the document, the affidavit filed shall also be scanned and uploaded. vi. The two other sets shall be dispatched to the local authority and the jurisdictional Assistant Engineer of TANGEDCO concerned, who shall at all times consider the aforesaid undertaking and act accordingly. 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. Consequently, connected miscellaneous petition is closed. viii.No costs. 4. The requisite undertaking, which has to be contained in the affidavit, is as follows: _____________ Page No. 4 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 ''I/We, .................., S/o. / D/o. / W/o. / H/o. G/o. .................., residing at .................., hereby undertake that I/We will not use the property as a residential or commercial site or for any other purpose involving a change of user unless due permission is obtained from the planning authority. Without such approval, I/We will not develop the site by changing its use or put up any residential or commercial building. I/We am/are aware that I/We may be liable for punishment for contempt of Court in the event of violating this undertaking. I/We am/are also aware that I/We shall not be entitled to claim electricity, water, sewerage or any other connection or service from the local authority or any other authority unless the due conversion is effected in accordance with the permission granted by the planning authority.'' 5. If the transferee agrees with the above stipulation, I see no reason to take a different view in the matter. 6. Accordingly, the impugned order is quashed and this Writ Petition stands disposed of, subject to the above stipulation. It is further made clear that the petitioner shall not put up any construction without obtaining approval from the planning authority for conversion of the site _____________ Page No. 5 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 for residential or commercial use, in accordance with law. In case any such construction is put up, the authorities under the relevant statute are entitled to proceed against the petitioner in accordance with law. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 29.06.2026 JEN NCC : Yes / No Index : Yes / No To The Sub-Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi District. _____________ Page No. 6 of 7 https://www.mhc.tn.gov.in/judis W.P.(MD) No.18086 of 2026 C.SARAVANAN, J. JEN W.P.(MD) No.18086 of 2026 29.06.2026 _____________ Page No. 7 of 7 https://www.mhc.tn.gov.in/judis