Refusal to register a Lok Adalat award due to the formation of a road in agricultural land under Section 22A of the Registration Act, 1908 is not lawful if the land is not converted into plots.

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.40605 of 2025 M.Duraisamy ... Petitioner Vs.

The Sub Registrar, Sub Registrar Office, Avalpoondurai, Erode District. ... Respondent PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Refusal check Slip in RFL/Avalpoondurai/170/2025, dated 10.09.2025, quash the same and consequently direct the respondent to register the Award dated 08.03.2025 in Lok Adalat Case No.123 of 2025 in the form of Final Decree in OS.No.87 of 2024 on the file of Ld.Principal Sub Court, Erode.

For Petitioner : Mr.N.Manoharan For Respondent : Mr.U.Baranidharan, Special Government Pleader

O R D E R

This writ petition has been filed to call for the records relating to the impugned Refusal check Slip in RFL/Avalpoondurai/170/2025, dated 10.09.2025, quash the same and consequently direct the respondent to register the Award dated 08.03.2025 in Lok Adalat Case No.123 of 2025 in the form of Final Decree in OS.No.87 of 2024 on the file of Ld.Principal Sub Court, Erode.

2. Mr.U.Baranidharan, learned Special Government Pleader takes notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner and Mr.K.Balu filed a suit in O.S.No.87 of 2024 on the file of the Principal Sub Court, Erode against the defendant Ls.Gurusamy for partition and separate possession in respect of the properties jointly purchased by them under a sale deed dated 10.04.2013 (Doc.No.2086/2013). Pending the suit, the matter was referred to the National Lok Adalat for settlement. Thereafter, award was passed on 08.03.2025 in Lok Adalat Case No.123 of 2025 by recording the Joint Compromise memo filed by the petitioner and others. When the petitioner presented the said award before the respondent for registration, the same was refused to register vide RFL/Avalpoondurai/170/2025, dated 10.09.2025, holding that the document cannot be registered in view of the bar under Section 22A of the Registration Act, 1908 . Challenging the same, the petitioner has come forward with the present writ petition.

4. Learned counsel for the petitioner would submit that the petitioner along with two other co-sharers purchased the subject property/agricultural land, which is more than 5 acres. Therefore, bar under Section 22A of the Registration Act, 1908 is not come into picture.

5. Learned Special Government Pleader appearing for the respondents would submit that in the present case, the apprehension expressed by the Sub-Registrar is that the petitioner along with two other co-sharers formed the road in the aforesaid subject property. In the event of forming the road in the said land, they cannot register the same and it would be considered as plots. Therefore, bar under Section 22A of the Registration Act, 1908 will come into picture.

6. However, learned counsel for the petitioner would submit that in the present case, the petitioner along with two other co-sharers formed the road in the aforesaid subject property for the purpose of agricultural activities and later, they divided the said property into three shares. Therefore, they formed the road for the purpose of their convenience and not for converting the same into plots. In the event, they are dividing the property with an intention to making it as plots, then certainly, they have to get approval from the authorities concerned. Therefore, he would contend that the refusal order passed by the respondent is not in accordance with law a