D.RAJAMANICKAM Vs. SUB REGISTRAR

JUDGEMENT

(1.) Challenge in this writ petition is to the Refusal Check Slip dtd. 1/9/2021 issued by the respondent refusing to register the settlement deed dtd. 1/9/2021 executed by the petitioner in favour of his son-D.R.Mohan and register the same.

(2.) The case of the petitioner in brief is as follows:

(3.) A detailed counter affidavit has been filed by the Joint 1 Sub Registrar (In charge), Sub Registrar, Salem (West). The Officer while admitting that the property which is the subject matter of the settlement deed was one of the properties in the compromise decree which was registered as Doc.No.123/2012 on the file of the Office of the Sub Registrar, Salem, inter alia contended that though it is averred by the petitioner in the affidavit filed in support of the writ petition that the plots intended to be sold were not part of the layout or the civil court proceedings referred to in the affidavit, the same subject matter of properties in settlement deed was not registered earlier as plots, which is barred by statute and the circulars issued by the Inspector General of Registration. An amendment to the Registration Act, 1908 was introduced by way of Tamil Nadu Act 2 of 2009 by inserting Sec. 22-A of the Registration Act, 1908. As per the provisions of the Registration Act, 1908 and G.O.Ms.No.123, Commercial Taxes and Registration Department, dtd. 20/10/2016, unapproved house sites cannot be transferred in any form and therefore, the respondent refused to register the settlement deed presented by the petitioner for registration and hence, the respondents prays for dismissal of the writ petition.