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Madras High CourtWP(MD)/8682/2025allowed

G.Selvamani v. The District Registrar

2025-06-18Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY G.Selvamani ... Petitioner vs.

1. The District Registrar, Tenkasi, Tenkasi District.

2. The Sub Registrar, Kadayam Sub Registrar Office, Tenkasi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip No. RFL/Kadayam/16/2025 dated 03.03.2025 issued by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to entertain the sale deed dated 03.03.2025 presented by the petitioner for registration and register the same in accordance with law.

For Petitioner : Mr.R.Venkatesalu For Respondents : Mr.D. Sasi Kumar, Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned Refusal Check Slip dated 03.03.2025 and consequential direction to the 2nd respondent to entertain the sale deed dated 03.03.2025.

2. The 2nd respondent, through the impugned order, rejected the sale deed stating that the petitioner has created a new pathway on the eastern and southern sides. Therefore, under Section 22A(2) of the Registration Act, the said sale deed cannot be registered.

3.The learned counsel appearing for the petitioner referred to the vendor's sale deed, wherein it is clearly stated that there exists a 14-feet east-west pathway and a 10-feet south-north pathway. The same has been mentioned in the present sale deed as well. Therefore, the petitioner has not created any new pathway. Hence, the impugned refusal check slip is liable to be quashed.

4. Accordingly, this writ petition is allowed. The impugned Refusal Check Slip dated 03.03.2025, is hereby quashed. The 2nd respondent is directed 2/4

to register the sale deed within a period of four weeks from the date of receipt of a copy of the order. No Costs.

18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The District Registrar, Tenkasi, Tenkasi District.

2. The Sub Registrar, Kadayam Sub Registrar Office, Tenkasi District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 8682 of 2025 DATED :18.06.2025 4/4