Sathya v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

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

The Sub Registrar, O/o.Sub Registrar Office, Kariyapatti, Virudhunagar District.

.. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondent to receive the document dated 22.03.2025 executed by the petitioner styled as Sale Deed and to register the same.

For Petitioner : Mr.S.Manikandan For Respondent : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The Writ Petition is filed for Mandamus to direct the respondent to receive the document dated 22.03.2025 executed by the petitioner styled as Sale Deed and to register the same.

2. The petitioner purchased the property situated in S.No.102/1D1 of Mallankinar Village, Kariyapatti Taluk, Virudhunagar District by way of a registered sale deed in Document No.133/2025 dated 13.01.2025. The purchase was of punja lands to an extent of 7 cents. The petitioner, for the purpose of satisfying her family necessities, alienated 3 cents out of 7 cents in favour of one Pandiyammal on 22.03.2025. The petitioner presented the document for registration on 22.04.2025. But the same was not received. When the petitioner sought for reason for refusal, she was informed that Section 22-A(2) of the Registration Act is attracted. Hence, this Writ Petition is filed.

3. I heard Mr.S.Manikandan for the petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader for the respondent.

4. Section 22-A(2) of the Registration Act would apply only if an agricultural land is unauthorisedly converted into a housing site, without approval from the Directorate of Town and Country Planning and the concerned Local Planning Authority. When the agricultural land is sold as agricultural land, Section 22-A(2) is not attracted.

5. A perusal of the sale deed executed by the petitioner in favour of Pandiyammal shows that the alienation is of "GQ;ir" lands, which means,

the agricultural character of the land has not been changed. Hence, Section 22-A(2) is inapplicable. Furthermore, the petitioner has sworn to an affidavit before this Court stating that she purchased the lands as Punja lands and is going to alienate the same as Punja lands. That being the situation, there shall be a Mandamus as sought for.

6. Accordingly, there shall be a direction to the respondent to receive the document dated 22.03.2025 executed by the petitioner in favour of Pandiyammal and register the same within a period of two (2) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs.

29.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To The Sub Registrar, O/o.Sub Registrar Office, Kariyapatti, Virudhunagar District.

V.LAKSHMINARAYANAN,J.

Lm 29.04.2025