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Madras High CourtWP(MD)/7936/2026allowed

Esakkimuthu v. The Sub Registrar

2026-06-09Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.6501 of 2026 1.Esakkimuthu 2.Muthupandiyan ... Petitioner(s) - Vs. - 1.The Sub Registrar, Thirukkurankudi, Tirunelveli 2.Muthupandiyan ... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for records relating to the impugned refusal check slip of the respondent in the impugned refusal check slip in RFL/Thirukkuankudi/5/2026 dated 11.03.2026 and quash the same and consequently direct the respondent to register the sale deed dated 11.03.2026 executed by the 2nd petitioner in favour of the 1st petitioner and release the same within the time frame fixed by this Honourable

Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

For Petitioner :Mr.M.Subbiah For R1 :M/s.P.Sudarkodi Nachiyar Government Standing Counsel

ORDER

This writ partition is filed challenging the impugned refusal check slip dated 11.03.2026.

2.When the petitioner presented a sale deed for registration, the same is refused on the ground that no DTCP approval has been obtained by invoking Section 22-A(2) of the Act. The refusal has been passed. 3.The learned counsel for the petitioner by bringing to the notice of the Court to the settlement deed registered on 30.01.2015 would submit that it can be seen that even before the cut-off date, the property has been dealt with as a residential plot.

4.The learned Government Standing Counsel appearing on behalf of the respondent is not in a position to refute the said position.

5.In view of the fact that in the schedule to the document of the year 2015 itself, the subject matter property is described as 'manai', the impugned refusal check slip cannot stand.

6.In view thereof, this writ petition is ordered on the following terms:

(i)The impugned refusal check slip dated 11.03.2026 shall stand quashed.

(ii)The petitioner shall re-present the document within three weeks from the date of receipt of the web copy of the order. Upon such re-presentation, the same shall be registered if there is no other impediment.

(iii)No costs. Consequently, connected miscellaneous petition is closed.

09.06.2026 NCC:Yes/No Ns To 1.The Sub Registrar, Thirukkurankudi, Tirunelveli

D.BHARATHA CHAKRAVARTHY, J.

Ns and W.M.P(MD)No.6501 of 2026 09.06.2026