Madras High Court
WP(MD)/31829/2026 of Rajaram Vs The Sub Registrar on 10 November 2026
WP(MD) No. 31829 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE K.KUMARESH BABU
WP(MD) No. 31829 of 2026
CNR:{HCMD011570242026}
Rajaram
165,
Pulavar Viiai,
Nagercoil Post,
Kanyakumari District
..Petitioner(s)
Vs
1. The Sub Registrar
Idalakudi,
Kanyakumari District
2. Maheshbabu
370,
Main Road,
Chemponkarai,
Puthenthurai Post,
Kanyakumari District
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Refusal Check Slip bearing Refusal No. RFL/Idalakudi/313/2026 dated 09.10.2026 issued by the first respondent, quash the same and consequently direct the first respondent to register and release the Sale Deed dated 09.10.2026 executed by the second respondent in favour of the petitioner in respect of 3.265 cents of land comprised in Re-Survey No. 862/4A3, Mathusoothanapuram South Village (formerly Mathusoothanapuram Village), Agasteeswaram Taluk, __________
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WP(MD) No. 31829 of 2026
Kanyakumari District, subject to compliance with the applicable statutory requirements.
For Petitioner(s)
:M/s R.Russel Raj
For Respondent(s)
:Mr.I.Pinaygash
Special Government Pleader
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ORDER
This Writ Petition challenges the impugned refusal check slip. The document is refused registration under Section 22-A of the Registration Act, 1908 (hereinafter referred to as “the Act, 1908” for brevity) on the ground that the property is conveyed as a residential plot or for residential use without approval from the planning authority to convert the site into a residential one. In this case, the petitioner contends that the land is conveyed as such, without changing its use.
2. In such cases, the matter is no longer res integra and is governed by the judgement of this Court in Sankarakumar & another vs. The Sub- Registrar, Panpozhi [W.P.(MD)No.29522 of 2025, dated 17.04.2026]. This Court considered the purport of Section 22-A(2) of the Act, 1908, the need to balance the Constitutional Right of the owners of the property under Article 300-A of the Constitution of India with the enforcement of __________
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WP(MD) No. 31829 of 2026 development control legislation and the Rules framed thereunder. It held that, irrespective of the location of the land, if the executant and the claimant of the document express an intention to use the property as such, without converting its nature, then, irrespective of the size of the land, boundary, abutting a pathway/road, etc., the document shall be registered, on condition that affidavit in three sets be executed before the Sub- Registrar, the local body and the TANGEDCO. It is made clear that the party breaching the undertaking will also be liable for contempt of this Court, in addition to other actions.
3. The affidavit containing the following undertaking shall be executed by the claimant in whose favour the title vests under the document: ''I undertake not to use the property as a residential/commercial site or such other change of user, unless due permission is obtained from the planning authority. Without due approval, I will not develop the site by changing its use, and will not put up any residential or commercial building. I am aware that I may be liable to punishment for contempt of Court for violating this undertaking. I am also aware that I will not be entitled to claim electricity connection or water, sewerage, and other connections or services from the __________
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WP(MD) No. 31829 of 2026 local authority or any other authority unless due conversion is made as per the permission of the planning authority.''
4. This Writ Petition is allowed on the following terms:
(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 before the Sub Registrar concerned within a period of four weeks from the date of receipt of the web copy of this order;
(iii) Along with the said affidavit, the petitioner will be entitled to re-present the document;
(iv) Upon such re-presentation, the document shall be registered, if there is no other impediment;
(v) In the recitals of the document, the subject land should be mentioned as Nanjai or Punjai land instead of Manai/Puraiyidam;
(vi) Along with the document, the affidavit filed shall also be scanned and uploaded;
(vii) 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; __________
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WP(MD) No. 31829 of 2026
(viii) The said undertaking affidavit shall form part of the document so registered; and
(ix) No costs. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ABR To
1. The Sub Registrar Idalakudi Kanyakumari District __________
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WP(MD) No. 31829 of 2026 K.KUMARESH BABU, J. ABR WP(MD) No. 31829 of 2026 10-11-2026 __________
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