M. Thavitturaja v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. M. Thavitturaja

2. S. Subbulakshmi

3. S. Muthukumar

4. S. Sivaraman

5. Tamilselvi

6. S. Venkatesh

7. E. Ramalakshmi ... Petitioners Vs The Sub-Registrar, North Veeravanallur, Tirunelveli. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned refusal check slip of the respondent in RFL/Vadakku Veeravanallur/8/2025 dated 20.02.2025 and quash the same and consequently to direct the respondent to register the sale deed dated 18.02.2025 executed by the petitioners 2 to 7 in favour of the 1st petitioner and release the same within the time frame fixed by this Court.

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For Petitioners : Mr.K.K.Udayakumar For Respondent : Mr.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for records relating to the impugned refusal check slip of the respondent in RFL/Vadakku Veeravanallur/8/2025 dated 20.02.2025 and quash the same and consequently to direct the respondent to register the sale deed dated 18.02.2025 executed by the petitioners 2 to 7 in favour of the 1st petitioner and release the same within the time frame fixed by this Court.

2.Heard Mr.K.K.Udayakumar, the Learned Counsel for the petitioner, Mr.S.Saji Bino, the Learned Special Government Pleader for the Respondent and perused the material documents available on record. 3.The first petitioner has purchased the land in old S.No.2/1 to 3B, New S.No.2/1B1A measuring an extent of 1.97 acres in Puthukudi Village, Cheranmahadevi Taluk, Tirunelveli District, from the petitioners 2 to 7. Thereafter, when the petitioners 2 to 7 executed a sale deed dated 18.02.2025 in favour of the first petitioner and presented the same for registration to the 2/5

respondent, the respondent rejected the said sale deed through impugned Refusal Check Slip in RFL/Vadakku Veeravanallur/8/2025, dated 20.02.2025, stating that it is an unapproved layout and there is a bar under Section 22A(2) of the Registration Act, 1908.

4.The learned counsel appearing for the petitioners submits that a larger extent of property was already subdivided and sold through various documents from the year 2013 to 2014 and the said sale deeds are extracted hereunder: t.

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1.

162/2013 GJf;Fb 2 epu; 1 to 3B 713/1989 345 r.kP kid 2.

163/2013 GJf;Fb 2 epu; 1 to 3B 713/1989 22 r.kP kid 3.

164/2013 GJf;Fb 2 epu; 1 to 3B 713/1989 202.16 r.kP kid 4.

550/2013 GJf;Fb 2 epu; 1 to 3B 713/1989 610.37 r.kP kid 5.

324/2014 GJf;Fb 2 epu; 1 to 3B 713/1989 296.44 r.kP kid 6.

327/2014 GJf;Fb 2 epu; 1 to 3B 713/1989 221.11 r.kP kid 5.Since all the sales were prior to 2016, the respondent cannot object to registering the present sale deed. Further, the petitioner has not created any new layout or road. They are already in existence. Therefore, through the impugned order, the respondent has rejected the said sale deed stating that it is unapproved layout and attracted Section 22A(2) of the Registration Act, 1908, is not correct. Hence, the impugned refusal check slip is liable to be quashed. 3/5

6.Accordingly, this Writ Petition is allowed. The impugned refusal check slip of the respondent in RFL/Vadakku Veeravanallur/8/2025 dated 20.02.2025 , is hereby quashed. The respondent is directed to register the sale deed dated 18.02.2025 executed by the petitioners 2 to 7 in favour of the 1st petitioner and the said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To The Sub-Registrar, North Veeravanallur, Tirunelveli.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 24.06.2025 5/5