Madras High CourtWP(MD)/3213/2024allowed

Deivanayagi v. The Sub Registrar

2025-06-27Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Deivanayagi .. Petitioner Vs.

The Sub Registrar, Eraniyal, Kanniyakumari District.

.. Respondent PRAYER Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for records relating to the impugned refusal check slip of the respondent in RFL/Eranial/3/2024 dated 04.01.2024 and quash the same and consequently direct the respondent to register the settlement deed No.4732/2022 dated 04.06.2022 and release the same within the time frame fixed by this Court. For Petitioner : Mr.D.Selvanayagam For Respondent : Mr.G.Suriya Ananth Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the check slip in RFL/Eranial/3/2024 dated 04.01.2024 and consequently to direct the respondent to register the settlement deed No.4732/2022 dated 04.06.2022 and release the same within the time frame fixed by this Court.

2. Through the impugned order, the respondent refused to register the settlement deed dated 04.06.2022 by citing Section 22 A of the Registration Act, since the petitioner has laid out the land but the plots were not approved. Further, the petitioner has created a new road in the plots which is against the provisions contained in Section 22 A of the Registration Act. The respondent has filed counter affidavit reiterating the same.

3. On perusal of the settlement deed, it is seen that the petitioner has purchased 66 cents of land and the four boundaries also shown; on the western side is Odai; on the southern side plot of one Ramesh and other two sides, there is a common pathway. Therefore, there is no question of approved lay out and forming new roads. Hence, the impugned order is hereby quashed. Consequently, 2/4

the respondent is directed to register the settlement deed within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is allowed. No Costs. There shall be no order as to costs.

27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes PJL To:

The Sub Registrar, Eraniyal, Kanniyakumari District.

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 27.06.2025 4/4