W.P.(MD) No. 20438 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 20438 of 2026 and W.M.P.(MD) No.15138 of 2026 Varatharajan ... Petitioner Vs 1. The Sub Registrar, Thuckalay Sub Registrar Office, Kanyakumari District. 2. Ratheesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the impugned refusal check slip under Refusal No. RFL/Thuckalay/189/2026 passed by the 1st respondent dated 09.07.2026 and to quash the same as illegal and further to direct the 1st respondent to register the sale deed dated 30.06.2026 executed by the petitioner relating to the landed properties having extent of 6 cents 850 square links comprised in New S. No. D7/4/10 situated at now Padmanabhapuram B Village, Kalkullam Taluk, Kanyakumari District. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 of 2026 For petitioner : Mr. B.Micheal Sebastin For R1 : M/s.P.Sudarkodi Natchiyar Counsel for State of TN ***** O R D E R The petitioner is before this Court challenging the impugned Refusal Check Slip dated 09.07.2026, whereby the first respondent declined to register the Sale Deed presented by the petitioner on 09.07.2026 in respect of a land measuring an extent of 6 cents 850 sq.links in Survey No.D7/4/10, situated at Padmanabhapuram B village, Kalkulam Taluk, Kanyakumari. 2. The reasons stated in the impugned Refusal Check Slip dated 09.07.2026 are extracted hereunder: “jpU ujP\; mtu;fshy; jhf;fy; nra;ag;gl;l fpua Mtzj;jpy; Fwpg;gplg;gl;l Kd;G fy;Fsk; fpuhkk; jw;NghJ gj;kdhGuk; B fpuhkk; Gjpa ru;Nt vz;.D7/4/38-y; cl;gl;l nrhj;jhdJ 2021k; tUlk; 1k; Gj;jfk; 2503 k; vz; fpuaMtzj;jpd;gb jpU. tujuh[d; vd;gtUf;F fpilf;fg; ngw;Ws;sJ. fd;dpahFkup khtl;lg;gjpthsu; (jzpf;if) mtu;fshy; 9-12/2021 fhyhz;L jzpf;if mwpf;ifapy; 22A vd Fwpg;G G.O (MS) NO 79 Housing and Urban Development Date 04/05/2017 tpjp 2(iv) kw;Wk; 2 (v) d; gb 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 of 2026 gjpTr;rl;lg;gpupT 22A(2) f;F Gwk;ghf cs;sjhYk; NkYk; ,J khz;GkpF nrd;id cau;ePjpkd;w tof;F vz;. 19566/2015 d; jPu;g;ghizf;F Gwk;ghf cs;sjhYk; Mtz nrhj;ij Kiwahf tud;KiwgLj;jp kPs rku;gpf;Fk; nghUl;L kWj;jspf;fg;gLfpwJ.” 3. It appears that the property in question is an unapproved property. Therefore, the registration of the the Sale Deed dated 30.06.2026 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 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, 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 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 concerned, who shall at all times consider the aforesaid undertaking and act accordingly. 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 of 2026 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, sewerage or any other connection or service from the local authority or any other 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 of 2026 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 transferee 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 transferee in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 20.07.2026 Internet : Yes / No apd To 1. The Sub Registrar, Thuckalay Sub Registrar Office, 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 20438 of 2026 Kanyakumari District. C.SARAVANAN, J. apd W.P.(MD) No. 20438 of 2026 20.07.2026 7/7 https://www.mhc.tn.gov.in/judis