B.Murugan v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4355 of 2025 B.Murugan ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai 600 028.

2.The Sub Registrar, Office of the Sub Registrar, Thirukazhikundram.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of impugned order passed by the 2nd respondent vide RFL/Thirukazhikundram/1/2025 dated 7.1.2025 and quash the same as illegal, arbitrary and non-est in law and consequently, direct the 2nd respondent to register the Sale deed dated 07.01.2025 and release the same to the petitioner within the time stipulated by this Court. 1/4

For Petitioner : Mr.A.Maheshnath for M/s.Eswar Kumar and Rao For Respondents : Mr.B.Vijay Additional Government Pleader

O R D E R

This writ petition has been filed challenging the refusal Check Slip issued by the 2nd respondent dated 07.01.2025 and for a direction to the 2nd respondent to register the Sale Deed dated 07.01.2025.

2.Heard Mr.A.Maheshnath, learned counsel appearing on behalf of the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of the respondents.

3.The petitioner is claiming right and title over the subject property by virtue of the registered Settlement Deed dated 25.09.2018 which was registered in favour of the petitioner by his father. The petitioner decided to sell the portion of the property and hence, executed a Sale Deed dated 07.01.2025. By virtue of this Sale Deed, the petitioner wanted to sell two cents of agricultural lands to the intending 2/4

purchaser. When the Sale Deed was presented for registration before the 2nd respondent, the same was refused to be registered by issuing the impugned refusal Check Slip on the ground that the property is dealt with without getting the approval and hence, there is a bar under Section 22A of the Registration Act. 4.In the considered view of this Court, the petitioner wants to deal with the property only as an agricultural land without altering the nature of the property. That apart, the petitioner is only intending to convey two cents of land out of the total extent of 13 cents. The explanation given by the Government dated 16.03.2020 to the Inspector General of Registration squarely covers a conveyance of this nature. In view of the same, there is no need for getting any approval and there is no bar in registering the document under Section 22A of the Registration Act.

5.In the light of the above discussion, the petitioner shall re-present the document before the 2nd respondent and the same shall be registered, if it is otherwise in order.

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N. ANAND VENKATESH, J.

ssr 6.In the result, this writ petition is allowed with the above directions. No Costs.

14.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai 600 028.

2.The Sub Registrar, Office of the Sub Registrar, Thirukazhikundram.

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