M.Sivalingam v. The Sub Registrar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH M.Sivalingam Petitioner(s) Vs The Sub Registrar Office Of Sub-Registrar, Mulanur, Tiruppur District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent relating to the impugned Check Slip No.RFL / Mulanur / 3/ 2025 dated 04.02.2025 issued by the respondent and to quash the same as illegal and consequently directing the respondent to register the sale deed dated 03.02.2025 presented by the petitioner for registration and release the same to the petitioner. For Petitioner(s):

Mr.K.Venkateswaran For Responden(s)t:

Mr.U.Baranidharan Special Government Pleader

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ORDER

This writ petition has been filed challenging the impugned refusal Check Slip issued by the respondent dated 04.02.2025 and for a consequential direction to the respondent to register the Sale Deed dated 03.02.2025 and to release the same.

2.Heard Mr.K.Venkateswaran, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondent.

3.The main ground on which the refusal Check Slip has been issued by the respondent is that the property that is sought to be sold is unapproved and it is not a regularized house site.

4.The case of the petitioner is that the property is an agricultural land and the parties divided the property based on a compromise decree passed in O.S.No.259 of 2018, dated 14.07.2018. The further case of the petitioner is that

3/6 he wants to sell the property only as an agricultural land and that the extent of the land is only six cents.

5.In the considered view of this Court, if the agricultural land is less than ten cents, it can always be dealt with and such a clarification has already been given and which was taken note of by this Court in various orders passed earlier.

6.It will also be relevant to take note of the fact that the original Sale Deed was executed in favour of the petitioner and another person named as Selvaraj and thereafter, they had partitioned the property amongst themselves and the said Selvaraj approached this Court and filed W.P.No.6605 of 2025 seeking for the very same relief and this writ petition was allowed by an order dated 27.02.2025. Hence, the said order has to enure in favour of the petitioner also subject to the conditions imposed by this Court. 7.In view of the above, the petitioner shall make a specific recital in the Sale Deed that the property is being sold/conveyed only as an agricultural land

4/6 and the extent of the property shall also be described in the terms of cents. If the same is complied with, the Sale Deed shall be entertained and registered, if it is otherwise in order.

8.This writ petition is allowed of with the above directions. No Costs. 27-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Sub Registrar Office Of Sub-Registrar, Mulanur, Tiruppur District.

6/6 N.ANAND VENKATESH J.

ssr 27-03-2025