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Madras High CourtWP(MD)/15137/2025allowed

Sornagandhi, v. The District Registrar

2025-06-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SRIMATHY W.P(MD) No.15137 of 2025 Sornagandhi ... Petitioner Vs.

1. The District Registrar, Sivagangai District, Sivagangai.

2. The Sub Registrar,, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the 2nd respondent to register the petitioner's Sale deed presented in Temporary No.TP/217879220/2025 on the file of the 2nd respondent in accordance with law within the time stipulated by this Court. For Petitioner : Mr.K.Chengizkhan For Respondents : Mr.G.Suriya Ananth Additional Government Pleader

O R D E R

The present writ petition has been filed for writ of mandamus to Page No. 1 of 4

direct the respondents to register the petitioner's sale deed within the stipulated time.

2. Heard Mr.G.Suriya Ananth, learned Additional Government Pleader appearing for the respondents and perused the material documents available on record.

3. The respondents have refused to register the same since the lay out is not approved. As per the G.O.Ms.No.78 dated 04.05.2017, unless layout is approved, the Sub Registrar is not bound to register the sale deed. However, the said issue was clarified in subsequent circular dated 16.03.2023. Based on the said circular, the learned Single Judge has already elaborately considered and has held, if the layout is not approved and the sale has been effected prior to the year 2016, then the said G.O is not applicable. In the present case, the petitioner has already sold 15 plots and sale deed were executed from the year 2013 to 2015. Therefore, the said circular is squarely applicable to the petitioner as well as the judgment rendered by the learned Single Judge. The Division Bench of this Court in W.A.(MD) No.705 and 706 of 2025 dated 22.04.2025, has been held that if the plots were sold prior to the said G.O., then the said Page No. 2 of 4

objection cannot be raised. Therefore, the objection raised by the respondents are against the G.O., as well as the circular and the judgments rendered by this Court. Hence, their objection is quashed. The respondents are directed to register the sale deed within a period of four [4] weeks from the date of receipt of a copy of this order.

4. With this direction, this writ petition is allowed. There shall be no order as to costs. .

09.06.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

S.SRIMATHY , J.

Mac To

1. The District Registrar, Sivagangai District, Sivagangai.

2. The Sub Registrar,, Manamadurai Taluk, Sivagangai District.

W.P(MD) No.15137 of 2025 09.06.2025 Page No. 4 of 4