Madras High CourtWP(MD)/12044/2025allowed

Rajeshwari v. The Joint Sub Registrar No.3

2025-04-25Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Rajeshwari .. Petitioner Vs.

The Joint Sub Registrar No.3, Office of Joint Sub Registrar Joint No.3, Trichy.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, to call for the records pertaining to the impugned Refusal Check Slip vide No.RFL No.3 Joint Sub Registrar Trichy /35/2025 dated 21.02.2025 issued by the respondent and quash the same as illegal and unconstitutional.

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.N.Ramesh Arumugam Government Advocate

ORDER

The Writ Petition is filed challenging the impugned Refusal Check Slip issued by the respondent vide No.RFL No.3 Joint Sub Registrar Trichy /35/2025 dated 21.02.2025.

2. The petitioner claims that her father is the owner of the property in New T.S.Nos.19 and 20 situated at New Ward, New Block No.20, Corporation Ward "A", Tiruchirappalli. The petitioner's father passed away on 03.02.1967, leaving behind his wife and two children, the petitioner and her brother, Gopalakrishnan. The petitioner's mother passed away on 23.08.2002. The petitioner and her brother partitioned the property amongst themselves on 12.06.2013 and an extent of 6687 sq.ft. in the aforesaid property was allotted to her. The partition deed is also a registered document in Document No.1973/2013.

3. The petitioner executed a deed of power of attorney in favour of one Bairavan. The deed of power of attorney was presented for registration on 21.02.2025. The respondent issued a refusal check slip on the very same day, stating that the document attracts the provisions of Section 22A of the Registration Act. Hence, this Writ Petition.

4. I heard Mr.B.Jameelarasu for the petitioner and Mr.N.Ramesh Arumugam, learned Government Advocate for the respondent.

5. A perusal of Section 22-A(2) of the Registration Act shows that what is barred is a document, which transfers ownership of lands, which are agricultural in nature and which are alienated, as a housing plot, without

proper permission from the planning authorities. A deed of power of attorney is not a document transferring title. Therefore, the bar under Section 22-A(2) is not attracted. Hence, the impugned order is quashed.

6. Accordingly, the Writ Petition stands allowed. There shall be no order as to costs.

25.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To The Joint Sub Registrar No.3, Office of Joint Sub Registrar Joint No.3, Trichy.

V.LAKSHMINARAYANAN,J.

Lm 25.04.2025