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Madras High CourtWP(MD)/704/2026dismissed

P.Noor Mydeen Niyas v. The Sub Registrar

2026-02-09Honourable Mr Justice Krishnan Ramasamy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 09/02/2026

CORAM

The Hon`ble Mr.Justice KRISHNAN RAMASAMY WP(MD). No.704 of 2026 P.Noor Mydeen Niyas ... Petitioner Vs The Sub Registrar, O/o. Sub Registrar Office, Joint - II Sub Registrar Office,Tenkasi.

... Respondent PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Refusal Check Slip in Refusal Number RFL/Joint-2 Sub registrar Tenkasi/181/2025 issued by the respondent dated 01.12.2025 and quash the same as illegal and consequently direct the respondent to register the Sale Deed Document presented by the petitioner within time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

The writ petition has been filed challenging the refusal check slip dated 01.12.2025 issued by the respondent and to direct the respondent to 1/5

register the sale deed presented by the petitioner within time frame as fixed by this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the official respondent. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

3. When the petitioner presented the sale deed for registration, the same was refused to be registered by the respondent on the ground that the land in question is not approved, which is against Section 22(A) of the Registration Act. Challenging the said refusal, the petitioner is before this Court.

4. The learned counsel for the petitioner would submit that the petitioner's vendor purchased the land to an extent of one acre 45 cents and thereafter it was subdivided into plots and some of the portions were gifted to the local authorities and almost all the plots have been sold and only one plot is left and the petitioner intends to purchase from his 2/5

vendor. The learned counsel would submit that when the larger extent of the plots have already been sold in the year 2016 itself, now the petitioner intends to purchase a single left over plot alone and hence, the bar under Section 22(A) will not apply and hence, prays for interference.

5. The learned Additional Government Pleader would place his strong objections by stating that the plot to be purchased by the petitioner is from an unapproved lay out, which was formed in the year 2016. He fairly submits that some of the plots were already sold by the petitioner's vendor prior to the cut off date ie., in the year 2016. However, the fact remains that the present unapproved plot does not exempt from Section 22A of the Registration Act.

6. I have considered the rival submissions and perused the materials available on record.

7. It appears that in the present case, admittedly, the petitioner is the purchaser and intends to purchase the unapproved plot and the layout was formed as early as in the year 2016. It is also seen that before the 3/5

year 2016, all the plots were sold out except the present plot. Hence, it will not grant any exemption to the petitioner. In the event the petitioner intends to purchase from the same promoter as unapproved plot as such, bar under Section 22(A) of the Registration Act will apply. Such being the case, I do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. If the petitioner intends to buy the said plot, he can file appropriate application for regularization and claim relaxation and in that case, there will not any impediment for the petitioner's vendor to make suitable application seeking approval and thereafter sell the same. Once the petitioner has obtained approval, he can represent the document for the purpose of registration. In such an event, the respondent is directed to consider the same in accordance with law. No costs.

09.02.2026 NCC : Yes/No Index : Yes/No RR To The Sub Registrar, O/o. Sub Registrar Office, Joint - II Sub Registrar Office,Tenkasi.

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KRISHNAN RAMASAMY, J RR

ORDER

IN WP(MD) No.704 of 2026 Date : 09/02/2026 5/5