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Madras High CourtWP(MD)/7682/2025allowed

Lakshmana Perumal v. The Sub Registrar

2025-03-20Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.7682 of 2025

1. Lakshmana Perumal

2. Ganesan ..Petitioners Vs The Sub Registrar, Mukkudal Sub Registrar office, Mukkudal, Tirunelveli District.

..Respondent 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 records of impugned order issued by the respondent herein in RFL/Mukkudal/9/2025 dated 20/02/2025 and to quash the same and direct the respondent to register the sale deed presented by the petitioners dated 10.02.2025.

For Petitioners : Mr.T.Selvan For Respondent : Mr.R.Suresh Kumar Additional Government Pleader.

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ORDER

This writ petition is filed to quash the impugned order issued by the respondent herein in RFL/Mukkudal/9/2025 dated 20/02/2025 and to direct the respondent to register the sale deed presented by the petitioners dated 10.02.2025.

2. The petitioners state that the property comprised in S.No.639/1C situated at Idaikkal Village, Cheranmahadevi Taluk, Tirunelveli District was purchased by the first petitioner through a registered document in Doc. No. 700/2020. The classification of the land is "mad; GQ;ir". He alienated the property in favour of the second petitioner on 10.02.2025. The respondent refused to register the document on the ground that it attracts Section 22A(2) of the Registration Act.

3. I have heard Mr.T.Selvan for the petitioners and Mr.R.Sureshkumar, leraned Additional Government Pleader for the respondent.

4. A perusal of the document dated 10.02.2025 shows that the transfer of the land is in nature of "mad; GQ;ir" land. This implies that the property purchased by the first petitioner as agricultural land is being sold in the same 2/5

capacity to the second petitioner. Section 22A(2) is attracted only if agricultural land is converted into housing plots, without the approval of the Director of Town and Country Planning and the concerned Local Planning Authority. The section does not apply when agricultural land is sold as agricultural land.

5. When that being the position, I am unable to sustain the impugned order. Hence, the impugned refusal check slip in RFL/Mukkudal/9/2025 dated 20.02.2025 issued by the respondent is quashed. The writ petition is allowed. The respondent is directed to register the sale deed dated 20.02.2025 presented by the petitioners within a period of two weeks from the date of uploading of this order. No costs.

6. Call the matter after three weeks for reporting compliance. 20.03.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Sub Registrar, Mukkudal Sub Registrar office, Mukkudal, Tirunelveli District.

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V.LAKSHMINARAYANAN, J.

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