George Sahaya Jose v. The District Registrar
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 08.01.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.417 of 2026 and W.M.P.(MD).No.388 of 2026 George Sahaya Jose ... Petitioner Vs 1.The District Registrar, Kanyakumari Registration District, Kanyakumari District.
2.The Sub Registrar, Idalagudi, Edalakudi Post, Nagercoil, Kanyakumari District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip issued by the second respondent in RFL/Edalakudi/60/2025, dated 20.06.2025 and quash the same and consequently direct the second respondent to register the sale deed dated 27.01.2025 executed by the petitioner within a time limit that may stipulated by this Court.
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For Petitioner : Mr.S.Sivakumar For Respondents : Mr.K.S.Selva Ganesan, Additional Government Pleader
O R D E R
This Writ Petition has been filed challenging the impugned Refusal Check Slip issued by the second respondent in RFL/Edalakudi/60/2025, dated 20.06.2025, and consequently to direct the second respondent to register the sale deed dated 27.01.2025 executed by the petitioner, within a time frame to be stipulated by this Court.
2. Mr.K.S.Selva Ganesan, learned Additional Government Pleader, takes notice for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of a property measuring to an extent of 371⁄4 cents, comprised in Re-survey No.317/4A, situated at Nalloor (Marungoor) Village, Agasteeswaram Taluk, Kanyakumari District, by 2/6
virtue of a registered sale deed bearing Document No.1125 of 2010. The petitioner proposed to sell an extent of 6.5 cents out of the said property. After receiving the sale consideration from one Alexander, the petitioner executed a sale deed and presented the same for registration before the office of the second respondent on 27.01.2025, enclosing the certified copy of the petitioner's earlier sale deed dated 11.03.2020, bearing Document No.1125 of 2020. However, the document was returned by the second respondent with a Check Slip in RFL/Edalakudi/13/2025, dated 27.01.2025, directing the petitioner to produce the original title deed. Aggrieved by the same, the petitioner filed W.P.(MD).No.2876 of 2025, which was allowed by this Court by order dated 31.01.2025, directing the second respondent to register the document.
Pursuant thereto, the sale deed was re-presented before the second respondent. However, once again, the second respondent returned the document by issuing another Refusal Check Slip in RFL/Edalakudi/60/2025, dated 20.06.2025, stating that the property measuring 1 acre 27 cents and 250 square links had been sold in several small portions, which is in violation of Rule 2(iv) and Rule 2(vi) of G.O.(Ms).No.79, Housing and Urban Development Department, dated 04.05.2017, and Section 22-A(2) of the Registration Act, 1908. Hence, the present writ petition has been filed.
5. The learned Additional Government Pleader appearing for the respondents would submit that the petitioner has already sold 22 cents of the subject property to four different persons, and now seeks to sell a further extent of 6.5 cents, which clearly amounts to conversion of agricultural land into plots without obtaining necessary approvals, which is impermissible under law.
6. This Court has carefully considered the submissions made on either side. It is evident that the petitioner has already alienated 22 cents of the subject property to four persons and now, intends to alienate another 6.5 cents. Such repeated alienations clearly amount to unauthorised plotting of land, which is prohibited under Section 22-A of the Registration Act, 1908, read with G.O.(Ms).No.79, Housing and Urban Development Department, dated 04.05.2017.
7. Therefore, this Court does not find any infirmity or illegality in the impugned Refusal Check Slip issued by the second respondent. 4/6
8. In view of the above, this Writ Petition lacks merit and is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
08.01.2026 Index : Yes/No Internet: Yes/No TSG To 1.The District Registrar, Kanyakumari Registration District, Kanyakumari District.
2.The Sub Registrar, Idalagudi, Edalakudi Post, Nagercoil, Kanyakumari District.
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KRISHNAN RAMASAMY, J.
TSG W.P.(MD)No.417 of 2026 08.01.2026 6/6