Official guidance, Tamil Nadu land law
Circular No. 35083/C1/2021, Prevention of Registration of Waterbody Lands
The Tamil Nadu Registration Department issued Circular No. 35083/C1/2021 dated 23 November 2021, directing registration officers not to register any document relating to waterbodies, water channels, catchment areas or connected government poramboke lands. District Registrars and Deputy Inspectors General of Registration must ensure compliance, and responsible officers may face disciplinary and contempt proceedings for registrations made in violation of the circular.
What the circular does
The Tamil Nadu Registration Department issued Circular No. 35083/C1/2021 dated 23 November 2021 following proceedings concerning encroachments in Chitlapakkam Lake, Selaiyur Lake, their internal water channels and surplus water outlet. The Madras High Court had directed the immediate removal of encroachments and submission of an action taken report.
A meeting chaired by the Chief Secretary on 2 November 2021 considered measures for preventing encroachments across Tamil Nadu. Based on that meeting, the circular prohibits registration of documents concerning specified water-related and government lands.
Lands covered
Registration officers are instructed not to register any document relating to:
- Waterbodies.
- Internal or external water channels.
- Catchment areas.
- Government poramboke lands connected with these areas.
The prohibition applies regardless of the reason for presenting the document for registration.
How registration offices must identify affected land
Circular No. 35083/C1/2021 requires registration officials to identify properties connected with waterbodies, water channels and catchment areas through the Tamil Nilam software.
For natham lands that have not been computerised, officials must contact Revenue Department authorities and obtain lists identifying waterbodies, water channels and catchment areas. Registration offices are also directed to enter a zero value for these lands in the guideline register.
Responsibility of registration officials
District Registrars and Deputy Inspectors General of Registration must ensure that registration officers within their jurisdictions follow the prohibition correctly.
The circular states that if a prohibited document is registered, responsibility may be placed on:
- The registration officer concerned.
- The District Registrar concerned.
- The Deputy Inspector General of Registration concerned.
Those officers may face disciplinary action under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973. They may also face contempt of court proceedings for disregarding the court direction.
Who should check before a property transaction
Buyers, owners and professionals dealing with land near a lake, channel, catchment area or related government poramboke land should verify the land classification. The circular directs registration offices to use Tamil Nilam records or information obtained from the Revenue Department when deciding whether registration is prohibited.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a sale deed be registered if the land is classified as a waterbody?
No. Circular No. 35083/C1/2021 dated 23 November 2021 directs registration officers not to register any document relating to land classified as a waterbody.
Does the registration ban also cover water channels and catchment areas?
Yes. The prohibition covers water channels, catchment areas and government poramboke lands connected with them, as well as waterbodies.
How will a Sub-Registrar identify whether land falls within a protected category?
Registration officials must use the Tamil Nilam software. For non-computerised natham land, they must obtain property lists from Revenue Department authorities.
What happens if a registration officer registers a prohibited document?
The registration officer, District Registrar and Deputy Inspector General of Registration concerned may be held responsible. The circular states that disciplinary action and contempt of court proceedings may follow.
