M.Gopal v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Gopal ... Petitioner Vs.
1. The District Registrar, District Registrars Office, Collectorate, Karur, Karur District.
2. The Sub Registrar, Mela Karur, West Karur Registrars Office, Karur, Karur 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 order passed by the 2nd respondent vide RFL/MELAKARUR/28/2024, dated 26.03.2024, quash the same and consequently direct the 2nd respondent to register the petitioners sale deed in TP/178260817/2024, dated 26.03.2024, For Petitioner : Mr.V. Balaji For R1 &R2 : Mr.S. Saji Bino Special Government Pleader 1/6
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the records pertaining to the impugned order passed by the 2nd respondent vide RFL/MELAKARUR/28/2024, dated 26.03.2024, and consequently direct the 2nd respondent to register the petitioners sale deed in TP/178260817/2024, dated 26.03.2024,
2. The property is situated at S.No.140 along with various other survey numbers of Inam Karur Village, Karur District was plotted as Kongu Nagar by way of sanctioned lay out in LPR(CN).No.9/1983, in which plot No.122, along with a residential house was purchased by the petitioner from one R.Lakshmanan by way of registered sale deed dated 04.01.2016 in Doc.No.9/2016. The petitioner is residing along with his family in the said house. The learned counsel for the petitioner submitted that the petitioner's vendor R.Lakshmanan purchased the said property under registered sale deed dated 15.05.2014 from one K.Arumugam vide Doc.No.3016 of 2014. Thereafter, Electricity connection and water connection were given and the property tax was stands in the name of vendor's name and the Patta No.4477 was issued in favour of the vendor. The petitioner intended to sell the property to meet out his son' educational expenses and for other medical expenses. One S.Krishnaveni has agreed to purchase the property. Hence, sale 2/6
deed dated 26.03.2024 was executed and the same was presented for registration. Through the impugned refusal slip, the respondent has stated that the S.No.140 Inam Karur Village cannot be registered due to order of stay granted in W.P. (MD).No.2895/2011 and Cont.P.(MD).No.1487/2019 along with W.M.P. (MD).Nos.205712, 205713 of 2018. The petitioner further submitted that there is no absolute prohibitory order passed by this Court for registration of any of the plots, which was not located in the area earmarked for public purposes measuring an extent of 2.97 acres. Hence there is no prohibition to sell the property. The petitioner house is not coming with the purview of public purpose, it is only a housing plot. The petitioner has also filed an undertaking affidavit. The relevant portion of the undertaking affidavit are extracted hereunder.
''3. I submit that I purchased the same (Plot No.122) with specific four boundaries along with residential house from R.Lakshmann under a registered sale deed dated 04.01.2016 under Doc.No.9/2016. Thereafter, I intended to sell my residential house in favour of one Krishnaveni by executing the sale deed dated 26.03.2024 after receiving the entire sale consideration and the same was presented for registration before the second respondent herein on 26.03.2024..
4. I hereby given undertaking that my sale deed does not from part of the subject matter involved in W.P.(MD).No.2895/2011, which relates to removal of unauthorized developments in the reserved area of the santioned layout plotted in the year 1983 to an extent of acres 12.97 cents comprised in S.Nos.135, 136, 137, 3/6
138, 140, 141, 146, 151, 152, 153, 154, 155 and 160 of Inam Karur Town.
5. My sale deed is in respect of the property in S.No.140 and it lies far from the reserved area earmarked for public purposes in the sanctioned layout and it does not form part of the reserved area covered under the writ petition in W.P. (MD).No.2895 of 2011.''
3. After considering the submission of the petitioner it is seen that there is a stay order for the area ear marked for public purpose alone. In the present case, the petitioner's property was earmarked with specific four boundaries for plot No.
122. Therefore, it cannot be stated as earmarked for public purpose. Further, based on the undertaking given by the petitioner, the registration may be carried out.
4. In view of the above, the respondents are directed to register the sale deed and the undertaking given by the petitioner is also a form part of the sale deed. In case, if there is any adverse orders in the said writ petition, the petitioner shall abide the said order. Accordingly, the order impugned dated 26.03.2024 is hereby quashed and the respondents are directed to register the sale deed within a period of four weeks from the date of receipt of a copy of this order. 4/6
5 .With the above observations, this Writ Petition is allowed. There shall be no order as to costs.
08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes gvn To
1. The District Registrar, District Registrars Office, Collectorate, Karur, Karur District.
2. The Sub Registrar, Mela Karur, West Karur Registrars Office, Karur, Karur District.
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S.SRIMATHY , J.
gvn ORDER MADE IN DATED : 08.08.2025 6/6