Nathiya v. The Joint Sub Registrar No.2,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Nathiya ... Petitioner Vs.

The Joint Sub-Registrar No.2, Tirupattur, Tirupattur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in check slip bearing RFL/No.2 Joint Sub Registrar Tirupattur/169/2025 dated 25.06.2025 and quash the same and direct the respondent to accept the document presented by the petitioner dated 16.05.2025 and register the same.

For Petitioner : Mr.C.Jeremiah For Respondent : Mr.U.Baranidharan Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 1/4

2. The present writ petition is filed praying for a writ of certiorarified mandamus, challenging the refusal slip dated 25.06.2025 whereby sale deed in respect of the property comprised in New.S.No.43/4 (old S.No.43/2M2A) having an extent of 5.27 cents at Naravithampatti Village, Tirupattur Taluk, was refused registration on the premise that it is contrary to Section 22A of the Registration Act inasmuch as there is no permission for development of subject land as house sites by the appropriate planning authority.

3. The learned counsel for the petitioner would submit that the refusal slip has been issued without issuing notice to the petitioner. If the petitioner was put on notice, petitioner would have been in position to put forth his explanation as to how 22A(2) of the Registration Act may not get attracted.

4. In the said circumstances, this Court is inclined to set aside the impugned refusal slip order. The petitioner may re-present the sale deed along with response to the impugned refusal slip within a period of 4 weeks from the date of uploading of order copy without waiting for the receipt of certified copy . If sale deed is re-presented by the petitioner along with response to the impugned refusal slip, the same shall be registered if it is otherwise in order. If for any reason, registration of sale deed is sought to be refused, appropriate respondent 2/4

shall issue refusal slip/order assigning appropriate reasons The writ petition stands disposed of. No costs.

01.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mpa To:

The Joint Sub-Registrar No.2, Tirupattur, Tirupattur District.

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MOHAMMED SHAFFIQ, J.

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