S.Jothimani v. The Joint Sub Registrar

2025:MHC:2155

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Jothimani Petitioner(s) Vs The Joint Sub Registrar Salem East No.1, Sub Registrar Office, Salem District.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip in RFL/1/Joint/ Sub Registrar/Salem East39/2025 dated 05.03.2025 issued by the respondent, quash the same and consequently, direct the respondent to register the sale deed dated 05.03.2025 presented by the petitioner in favour of Mr.Tamilarasan and Mrs.T.Jeeva to an extent of 1200 sq. ft of vacant land out of 8094.52 Sq.ft in Re-Survey Nos.163/1A and 165/1 situated at Ammapettai village, Salem Taluk and District.

For Petitioner(s):

Mr.K.P.P.Raja Raja Chozhan For Respondent(s):

Mrs.A.Baggiya Lakshmi, GA

ORDER

The present writ petition has been filed praying for a writ of certiorarified mandamus, challenging refusal check slip dated 05.03.2025 and seeking for a consequential direction to the respondent to register the Sale Deed dated 04.03.2025 relating to the property measuring an extent of 1200 Sq.ft. of vacant land out of 8094.52 Sq.ft in Re-Survey Nos.163/1A and 165/1 situated at Ammapettai Village, Salem Taluk and District.

2. It is submitted by the learned counsel for the petitioner that the Sale Deed dated 04.03.2025 presented by the petitioner in favour of Mr.Tamilarasan and Mrs.T.Jeeva measuring an extent of 1200 sq. ft of vacant land out of 8094.52 Sq.ft in Re-Survey Nos.163/1A and 165/1 situated at Ammapettai village, Salem Taluk and District, was presented for registration before the

respondent / Joint Sub Registrar, Salem District. However, the respondent refused to register the sale deed on the ground that the subject land is an unapproved/unregularised plot and hence the sale deed cannot be registered. Aggrieved by this refusal, petitioner has filed the present writ petition.

3. It is further submitted by the petitioner that approval for the subject property has been obtained now and the petitioner would able to demonstrate the same, if given an opportunity.

4. At the outset, the learned Government Advocate appearing on behalf of the respondent submitted that registration of sale deed was refused on the ground that the subject property is an unapproved and unregularised plots. The learned Government Advocate would fairly submit that petitioner may furnish approval of the subject land. This is agreed to by the learned counsel for petitioner.

5. In view thereof, the Writ Petition stands disposed of. It is open to the petitioner to represent the sale deed for registration along with requisite approval sought for in the refusal slip. The concerned respondent shall consider and register the document if it is otherwise in order. If for any reason, the registering authority finds that the registration ought to be refused, the same shall be done after assigning reasons. It is made clear that this Court has not expressed any views on merits of the case and it is open to the concerned respondent to consider the sale deed as and when presented for registration on its own merits and in accordance with law. No costs. 21-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni

To The Joint Sub Registrar Salem East No.1, Sub Registrar Office, Salem District.

MOHAMMED SHAFFIQ J.

Jeni 21-07-2025