W.P.(MD) No.19230 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.19230 of 2026 and W.M.P.(MD)No.14234 of 2026 R.Sudhakar ... Petitioner Vs. The Sub Registrar, Registration Department, Office of the Sub Registrar, Kottaram, Kanniyakumari District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the entire records pertaining to the impugned refusal check slip issued by the respondent in RFL/Kottaram/178/2026 dated 23.06.2026 in respect of 5 cents, out of 59 cents, removing the South East 22 cents 100 square Links, adjacent to that western property, the entire extent of 0.65.98 hectares comprised thereon in Survey No.416/3B, New Survey No.416/3B2, previously Kanniyakumari Village, presently Leepuram Village, Agastheeswaram Taluk and Kanniyakumari District, within a time frame as may be fixed by this Court. For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondent : Mr.R.Parthiban Government Standing Counsel _____________ Page No. 1 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 ORDER 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 dated 23.06.2026. 2. The reasons stated in the impugned Refusal Check Slip dated 23.06.2026 are extracted hereunder: _____________ Page No. 2 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 3. It appears that the property in question is an unapproved layout. Therefore, the registration of the the Sale Deed dated 23.06.2026 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. 4. 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 _____________ Page No. 3 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 the document, to execute an affidavit containing the requisite undertaking and to comply with the further conditions stipulated in the said order dated 28.04.2026 in W.P.(MD) No.3111 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. 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 _____________ Page No. 4 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 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. 5. The requisite undertaking, which has to be contained in the affidavit, is as follows: ''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, _____________ Page No. 5 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 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.'' 6. If the transferee agrees with the above stipulation, I see no reason to take a different view in the matter. 7. Accordingly, the impugned Refusal Check Slip 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 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. NCC : Yes / No 09.07.2026 smn2 _____________ Page No. 6 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 To The Sub Registrar, Registration Department, Office of the Sub Registrar, Kottaram, Kanniyakumari District. _____________ Page No. 7 of 8 https://www.mhc.tn.gov.in/judis W.P.(MD) No.19230 of 2026 C.SARAVANAN , J. smn2 W.P.(MD) No.19230 of 2026 09.07.2026 _____________ Page No. 8 of 8 https://www.mhc.tn.gov.in/judis