WA/3105/2025 of THE INSPECTOR GENERAL OF REGISTRATION Vs A. GANESAN on 14 October 2026

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.) Under assail is the order dated 27.01.2025 in W.P.No.37075 of 2024. The respondent Mr.A.Ganesan is the writ petitioner.

2. Writ petition has been instituted challenging the refusal check slip issued by the registering authority as well as the appellate order passed by the District Registrar Administration, Kancheepuram.

3. The subject property involved in the present appeal measures 9,328 Sq.ft and is comprised in S.No.10/2A1A1A1 at Velingapattarai Village, Kancheepuram District. The 1st respondent presented a sale deed dated 10.03.2023, for registration under the Registration Act, 1908. The Sub~Registrar, Kancheepuram, during verification, found that the house site had not been approved by the competent planning authority and patta does not stand in the name of the executor of the document. Thus, the refusal check slip was issued.

4. The 1st respondent preferred an appeal under Section 72 of the Registration Act. The District Registrar elaborately conducted an inquiry by affording opportunity to the parties. During the course of inquiry, it was found that the subject property belongs to Kancheepuram City Municipal Corporation and patta had been granted in the name of Kancheepuram City Municipal Corporation by the Sub~Collector in his proceedings dated 18.05.2020.

5. Since the subject property has been classified as park in the layout and the patta has already been transferred in the name of Kancheepuram City Municipal Corporation, the refusal check slip issued by the Sub~Registrar was confirmed by the District Registrar in the appellate order issued under Section 72 of the Registration Act, 1908.

6. Writ Court has adjudicated the civil rights of the parties with reference to the decree passed in O.S.No.136 of 2013. However, Kancheepuram City Municipal Corporation is not a party in the said civil suit. Therefore, the finding made by the Writ Court against Kancheepuram City Municipal Corporation cannot be taken into consideration.

7. As far as the refusal check slip is concerned, it is with reference to the provisions of the Registration Act and the Rules framed thereunder. Neither the registering authority nor the Writ Court is empowered to adjudicate title disputes in the matter of registration of document. The Act requires that the presentant of the document has to establish his right for registration.

8. In the present case, the registering authority found that the house site was not approved by the competent planning authority and the patta does not stand in the name of the executor and thus, registration was refused.

9. Proviso Clause to Section 22~A of the Registration Act, 1908, in unequivocal terms reiterates 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. Therefore, instruments relating to the transfer of ownership of land converted as house sites without the permission of such land for development from the planning authority can be refused by the registering authority. However, if the said house site has been already registered as a house site prior to 19.10.2016, there is no impediment for registering the said house site. The cut~off date has been fixed in the Regularisation Rules issued by the Government in G.O.Ms.No.78, Housing and Urban Development [UD4(3)] Department dated 04.05.2017. Amendment to Section 22~A came into force in the year 2012 and the Government granted four years time to regularise registrations without planning approval from the authorities. Therefore, any subsequent registration of house sites must be undertaken only if the house site is approved by the competent planning authority under the relevant provisions of the statute.

10. None appeared on behalf of the first respondent. However, the learned counsel appearing for Kancheepuram City Municipal Corporation would submit that subsequently, after forming the layout, the subject property has been classified as a park and the patta has been transferred in the name of Kancheepuram City Municipal Corporation in the year 2021.

11. Pertinently, the subject land has already been gifted through a registered gift deed in favour of Kancheepuram City Municipal Corporation. Therefore, the land absolutely vests with Kancheepuram City Municipal Corporation. The gift was executed in view of the layout approval granted under the provisions of the Tamil Nadu Town and Country Planning Act, 1971.

12. In view of the fact the subject land has been classified as park and gifted in favour of Kancheepuram City Municipal Corporation vide gift deed dated 25.05.1992 (Document No.1130 of 1992) and patta has been transferred in the name of Kancheepuram City Municipal Corporation, the refusal check slip as well as the appellate order passed by the District Registrar (Administration) is in accordance with the provisions of the Registration Act, 1908.

13. This Court does not find any infirmity in respect of the refusal of the document presented by the 1st respondent for registration. Consequently the writ order dated 27.01.2025 in W.P.No.37075 of 2024 is set aside and Writ Appeals stand allowed. Connected Miscellaneous Petition is closed. There shall be no order as to costs. (S.M.S.,J.) (R.R.V.,J.) 14-10-2026 Index: Yes Speaking order Neutral Citation: Yes KST To The Commissioner Kancheepuram City Municipal Corporation Kancheepuram 631 502.

S.M.SUBRAMANIAM J. AND R.RAJESH VIVEKANANTHAN J. KST WA No. 3105 of 2025 14-10-2026