Section 22A(2) applies strictly to house sites in planning areas only; registering officers cannot infer conversion from plot size or boundaries.

ORDER :

G.R. Swaminathan, J.

Heard Shri.N.Dilipkumar, the learned counsel for the petitioners and Shri.Veera Kathiravan, the learned Additional Advocate General appearing for the respondent.

2.The first petitioner herein purchased the petition mentioned lands comprised in S.No.33/3, Theinpothai Village, Shenkottai Taluk, Tenkasi District vide sale deed dated 18.03.2020 from one E.Karuppasamy. It was registered as Doc No.568/2020 on the file of the Panpozhi SRO. His vendor Karuppasamy, in turn, had purchased the same through two registered sale deeds bearing Doc.Nos.129 and 331 of 2019. The first petitioner wants to dispose of the said property. Hence, he executed a power of attorney in favor of the second petitioner. The said power of attorney dated 16.09.2025 was presented for registration before the respondent on 16.09.2025. The respondent declined to register the document by invoking Section 22A of the Registration Act and issued the impugned refusal check slip. Pointing out that an agricultural land measuring 45 cents had been plotted out into small pieces, he called upon the petitioners to re-present the document after getting approval from the Town and Country Planning Department. Challenging the stand of the registering officer, this writ petition has been filed.

3.Shri.N.Dilipkumar, the learned counsel for the petitioners elaborately and exhaustively argued the matter. He also filed notes on submissions. He contended that the property rights of the first petitioner are at stake and called upon this Court to quash the impugned refusal check slip and grant relief as prayed for.

4.Per contra, ontra, the learned Additional Advocate General submitted that the object behind Section 22A(2) of the Registration Act, 1908 is to ensure that there is no unplanned or haphazard development. He added that the property rights of individuals will have to be balanced with the larger public interest. He pointed out that when a learned Single Judge of this Court in WP No.426 of 2022 (D.Rajamanickam v. The Sub Registrar, Salem West allowed a similar writ petition vide order dated 01.07.2024, it was reversed by the Division Bench vide order dated 06.10.2025 in W.A.No.3192/2024. Placing reliance on the said order, he pressed for dismissal of the writ petition.

5.I carefully considered the rival contentions and went through the materials on record. The relevant provision is Section 22A(2) of the Registration Act, 1908. It reads as follows :

“22-A.Refusal to register certain documents: Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:—

(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—

(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;

(ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;

(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or

(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995,

unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;

(2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for DEVELOPMENT of such land from planning authority concerned:

Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.

Explanation I.