he Madras High Court has clarified that sub-registrars can lawfully refuse to register a plot as a house site if it lacks approval from the planning authority, under the Registration Act. The division bench of Justices S. M. Subramaniam and Mohammed Shaffiq delivered the ruling while hearing an appeal filed by the Salem West sub-registrar. The appeal challenged a single judge’s July 1, 2024, order that had set aside the sub-registrar’s refusal to register a plot.
The case arose from D. Rajamanickam’s plea against the sub-registrar’s 2021 decision refusing registration of a 3,508 sq ft settlement deed. The refusal was based on the absence of planning authority approval for conversion into a house site, as required under the Registration Act.
The single judge had quashed the sub-registrar’s order, directing registration of the plot, reasoning that surrounding plots had already been registered as house sites. Aggrieved, the sub-registrar appealed.
The High Court, allowing the appeal, cited Section 22A(2) of the Registration Act, noting that registering authorities are empowered to refuse registration of instruments transferring ownership of lands converted into house sites without planning approval.
“In this case, no approval was obtained from the planning authority for the subject plot in the settlement deed presented for registration,” the court stated.
The court clarified that a plot previously registered as a house site may be registered again without fresh approval. However, plots not previously registered as house sites cannot be registered without prior planning authority consent.
With rising urbanization and housing demand, the judgment could have wide implications across Tamil Nadu, ensuring plots are developed and registered according to regulations, preventing unauthorized construction, and supporting planned residential growth.
Image source- hcmadras.tn.gov.in
.png)