S.Jeyanthi v. The District Registrar (Audit)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.4828 of 2025 S.Jeyanthi ..Petitioner Vs 1.The District Registrar (Audit), Tirunelveli.
2.The District Registrar (Administration), Tirunelveli.
3.The Sub Registrar, Panagudi, Tirunelveli.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the impugned refusal check slip under Refusal No. RFL/ Panagudi/5/ 2025 passed by the 3rd respondent dated 20.01.2025 and to quash the same as illegal and further to direct the 3rd respondent to register the sale deed dated 20.01.2025 executed by the petitioner relating to the property situated under old S.No. 1672/1C its New S.No. 1672/1C1D measuring to an extent of 5.50 Cents equivalent to 0.02.23 hectares located at Perungudi - II Village, Kavalkinaru, Radhapuram Taluk, Tirunelveli District.
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For Petitioner : Ms.J.Annie Infanta For Respondents : Mr.P.T.Thiraviam Govt. Advocate (crl.side)
ORDER
The writ petition is filed to quash the impugned refusal check slip in Refusal No. RFL/ Panagudi/5/ 2025 passed by the third respondent dated 20.01.2025 and direct the third respondent to register the sale deed dated 20.01.2025 executed by the petitioner relating to the property measuring an extent of 5.50 cents equivalent to 0.02.23 hectares comprised in old S.No. 1672/1C, its New S.No. 1672/1C1D situated at Perungudi - II Village, Kavalkinaru, Radhapuram Taluk, Tirunelveli District.
2. According to the petitioner, she had purchased the said property by way of a registered sale deed dated 18.01.2023 as Doc. No.210/2023 on the file of the Sub Registrar, Panagudi. When she attempted to alienate the property in favour of one Maravan, the Sub Registrar refused to register the same on the ground that the document attracts Section 22A of the Tamil Nadu Registration Act as amended by the Tamil Nadu Legislature.
3. Heard Ms.J.Annie Infanta for the petitioner and Mr.P.T.Thiraviam, learned Government Advocate for the respondents. 2/5
4. Mr.P.T.Thiraviam states that as the property is being sold as plots, it would be covered by Section 22A of the Act.
5. Ms.J.Annie Infanta states that it has been sold as agricultural land and therefore, it will not attract the said provision.
6. The issue is no longer res integra and it had been settled by the Judgment of the Hon'ble Mr.Justice N.Sathishkumar in D.Rajamanickam Vs The Sub Registrar, W.P.No.426 of 2022 dated 01.07.2024. Consequently, I am not in a position to sustain the impugned check slip.
7. Therefore, following the said Judgment in W.P.No.426 of 2022 dated 01.07.2024, the writ petition is allowed and the impugned proceedings issued by the third respondent in Refusal No. RFL/ Panagudi/5/ 2025 dated 20.01.2025 is quashed. The third respondent is directed to register the sale deed dated 20.01.2025 presented by the petitioner. No costs. 24.02.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5
To 1.The District Registrar (Audit), Tirunelveli.
2.The District Registrar (Administration), Tirunelveli.
3.The Sub Registrar, Panagudi, Tirunelveli.
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V.LAKSHMINARAYANAN, J.
skn Writ Petition(MD)No.4828 of 2025 24.02.2025 5/5