R.Rajendran v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.11.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY & W.M.P.Nos.45281 & 45282 of 2025 R.Rajendran ... Petitioner Vs.
The Sub Registrar Office Of The Sub Registrar, Sendurai, Ariyalur, Tamilnadu.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the respondent bearing refusal number RFL/ Sendurai-Ariyalur/214/ 2025 dated 6.10.2025 quash the same as non-est in the eye of law and consequently issue suitable direction to the respondent herein namely the Sub Registrar, Office of the Sub Registrar, Sendurai, Ariyalur, Tamilnadu to register the sale deed in the name of Thiru.Karunanithi, Son of Thiru.Srinivasan, residing at 31, Kelkuvetti, Allinagaram, Melamathur, Perambalur Tamil Nadu-621 708, in respect of the property situated in S.No.255/ 5B-0.09.00 Ares 0.00.81 Ares of vacant land immediately and forthwith on the file of SRO, Sendurai, Ariyalur District, within a time1/6
frame that may be stipulated by this Honourable Court For Petitioner : Mr.K.S.Govindaprasad For Respondent : Mr.Abishek Murthy, GA
ORDER
This writ petition has been filed challenging the refusal check slip dated 06.10.2025 issued by the respondent.
2. The learned counsel for the petitioner would submit that in this case, the petitioner had presented a sale deed for registration and the same was rejected by the respondent on the ground that the petitioner had failed to get approval and hence, the document cannot be registered in terms of Section 22A of the Registration Act. Further, it was advised by the respondent to re-submit the sale deed after obtaining the approval.
3. According to the petitioner, the subject land was acquired by virtue of family partition and now, he intends to sell a portion of the subject land to a 3rd party. Further, they are not laying any new road or 2/6
street therein. Therefore, the question of getting approval will not come into picture. However, without considering the said aspect, the respondent had issued the refusal check slip in a mechanical manner and hence, the same is liable to be set aside.
4. In reply, the learned Government Advocate appearing for the respondent would submit that in this case, the petitioner intended to sell the unapproved layout and presented a sale deed before the respondent for the purpose of registration. However, he would fairly admit that if the said subject land is acquired by the petitioner through partition and classified as "agricultural land", there will be no requirement for obtaining any approval. Hence, he requests this Court to pass appropriate orders.
5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and also perused the materials available on record.
6. In the case on hand, the petitioner had presented a sale deed, 3/6
pertaining to the subject land, for registration and the same was rejected by the respondent on the ground that the petitioner had failed to get approval and hence, the document cannot be registered in terms of Section 22A of the Registration Act.
7. As submitted by the petitioner, he had acquired the property by virtue of family partition, out of which, now, he intends to sell a portion of agricultural land, to an extent of 0.09 Ares alone. Further, he has not converted the subject land into layout/plot.
8. The bar under Section 22A of the Registration Act is only applicable if the sale is made after converting the agricultural land into unapproved layout/plot. Now, the petitioner intends to sell the subject land as an agricultural land and hence, there will be no bar for registration of petitioner's sale deed.
9. In view of the above, this Court feels that it would be appropriate to set aside the impugned refusal slip and grant an opportunity to the petitioner to explain all the above aspects before the 4/6
concerned Authority. If the petitioner is selling the subject land as an agricultural land without converting it into a plot/layout, the respondent is directed to taken the said aspect into consideration and thereafter, proceed with registration of the sale deed, if it is otherwise in order, in accordance with law.
10. With the above directions, this writ petition is disposed of. No cost. Consequently, the connected miscellaneous petitions are also closed.
13.11.2025 Speaking/Non-speaking order Index : Yes / No nsa To The Sub Registrar Office Of The Sub Registrar, Sendurai, Ariyalur, Tamilnadu.
5/6
KRISHNAN RAMASAMY.J., nsa & W.M.P.Nos.45281 & 45282 of 2025 13.11.2025 6/6