Unapproved land cannot be registered under the Registration Act; regularization is necessary for amenities and legal compliance.

O R D E R

This writ petition has been filed challenging the refusal check slip issued by the third respondent, dated 17.12.2024 thereby, refused to register the sale deed on the ground that there is a bar under Section 22-A(2) of the Registration Act.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The property to an extent of 0.49.50 ares comprised in Survey No.

675/2C situated at Levinjipuram Village, Radhapuram Taluk, Tirunelveli District owned by one Ponniah. He had sold to an extent 53.123 cents out of total extent of the land by the registered sale deed, dated 06.05.2022, vide document No.1921 of 2022 in favour of one Sivalingam. The said Sivalingam applied for subdivision and mutated patta also in his name. For the purchase of the lands to an extent of 4.676 cents sub-divided as Survey No.675/6C at Levinjipuram Village out of larger extent of 53.123, the petitioner approached the Sivalingam. On 17.12.2024 he executed the sale deed in favour of the petitioner. The said sale deed was presented for registration, however, the third respondent refused to register the same on the ground that there is a bar under Section 22-A2 of the Registration Act.

5. The learned counsel for the petitioner would submit that it is only an agricultural land and it is never shown as house plot. Therefore, the third respondent ought not to have refuse to register the same. The entire extent of the property is unapproved one. It was not layout into house plots. The petitioner's vendor purchased the half of the property and sub-divided into house plots. One of the sub-divided house plot was sold out in favour of the petitioner herein to an extent of 4.676 cents.

6. The provision under Section 22-A of the Registration Act was inserted by the Tamil Nadu Amendment Act 2 of 2009 with effect from

20.10.2016. It is relevant to extract Section 22-A of the Act hereunder:-

“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.—For the purpose of this section ‘local authority’ means,—

(i) any Municipal Corporation con