Chandrabose v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 30.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Chandrabose ... Petitioner Vs.

The Sub-Registrar, Mathuagupatti Sub Registrar Office, Sevarakottai Village, Sivagangai District.

...Respondent

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip in RFL/Mathagupatti/1//2026 dated 26.02.2026 issued by the respondent and quash the same and consequently direct the respondent to register the document dated 26.02.2026 on its presentation.

For Petitioner :Mr.T.Antony Arulraj For Respondent :Mr.F.Deepak, Special Government Pleader

ORDER

This writ petition is filed challenging the impugned refusal check slip dated 26.02.2026.

2.When the petitioner presented a sale deed for registration of five plots in Survey Nos.438/11 and 438/12., the same is now refused for registration. The reason that is contained in the impugned refusal check slip is that the the plots form part of an unapproved layout known as MAM Chettinadu Gardens. The original promoters had also included Survey No. 438/5 in the total layout. Survey No.438/5 belongs to Tamil Nadu Boomidhan Board. Therefore, the document presented by the petitioner is ordered to be refused.

3.If any plot belonging to Boomidhan board is dealt with by the parties, certainly it will be open for the respondents to refuse for registration in view of Section 22A of the Act, by conducting an appropriate enquiry as directed by the Division Bench of this Court in Sudha Ravi Kumar and another vs. The Special Commissioner and Commissioner, Hindu Religious and charitable Endowments Department, Chennai and others, reported in (2017) 3 CTC 135. But however, in this case, even though in the layout, there may be other plots which is forming part of the Government

interest land, as far as the plots that are now being conveyed the sale deed presented is concerned, the same does not form part of Survey No.438/5. Therefore, there cannot be any impediment for registering the present sale date.

4.Accordingly, this writ petition is allowed on the following terms: (i)the interim refusal check slip dated 26.02.2026 shall stand set aside and the document shall be represented by the petitioner within a period of two weeks from the date of receipt of the web copy of the order. (ii)Upon representation, if there is no other impediment, the same shall be registered.

(iii)No costs.

30.03.2026 NCC:Yes/No Ns To The Sub-Registrar, Mathuagupatti Sub Registrar Office, Sevarakottai Village, Sivagangai District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 30.03.2026