Natarajan v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Natarajan ... Petitioner vs.

The Sub-Registrar, Chettikulam, Perambalur District PIN-621104 ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal slip No.RFL/Chettikulam/89/2024; dated 22.07.2024 issued by the Respondent herein, and quash the same and consequently direct the Respondent to take on file the sale deed dated 22.07.2024 submitted by the petitioner and register the same. For Petitioner : Mr.K.Rajan for M/s.C.Prabhu For Respondent : Mr.M.Shahjahan Special Government Pleader

O R D E R

Aggrieved by the impugned refusal slip No. RFL/Chettikulam/ 89/2024, dated 22.07.2024 issued by the respondent refusing to register the Sale Deed dated 22.07.2024 presented by the petitioner for registration on the ground that subject matter of sale deed was an unapproved plot, the 1/4

petitioner has come by way of this writ petition.

2. According to the petitioner, he negotiated for purchase of 90 sq.metre of punja land situated in Padalur West Village, Alathur Taluk, Perambalur District from one Balasubramanaian and paid a sale consideration of Rs.4,75,000/- on 22.07.2024. The petitioner got Sale Deed executed and presented the same for registration before the respondent. The document was refused registration by the respondent on the ground that the subject matter of the Sale Deed was unapproved plot by relying on Section 22-A (2) of the Registration Act, 1908. It is the case of the petitioner that the property covered by the Sale Deed is a 'Punja Land' and the same is not a housing site. In the sale deed presented for registration, the subject matter of Sale Deed was described as a 'Land'. There is no mention in the Sale Deed that subject matter of Sale Deed is a 'Punja Land' fit for agricultural activities.

3. The learned counsel appearing for the petitioner submitted that the petitioner is willing to describe the subject matter of the Sale Deed as a 'Punja Land' instead of 'Land'. The said statement made by the learned counsel appearing for the petitioner is recorded. 2/4

4. In view of the same, the petitioner is directed to represent the document properly describing the subject matter of the Sale Deed as 'Punja Land'. If the subject matter of the Sale Deed is a 'Punja Land', there may not be any difficulty for the respondent to consider the same for registration. Only if the document is sold as a housing site, then the respondent shall insist about the production of approval order from the Competent Authority. Therefore, if the petitioner represents the document by properly describing the subject matter of the Sale Deed as a 'Punja Land', the respondent shall consider registration of the same, if it is otherwise in order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

03.09.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To The Sub-Registrar, Chettikulam, Perambalur District PIN-621104 03.09.2024 4/4