Nagalakshmi.V v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI V.Nagalakshmi ... Petitioner Vs.

The Sub-Registrar, M.Reddiyapatti Sub-Registrar Office, M.Reddiyapatti, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check slip No.RFL/M.Reddiapatti/5/2025 date 02.05.2025 passed by the respondent and quash the same as illegal and consequently direct the respondent to register the sale deed dated 02.05.2025 in temporary Document No.TP/217756059/2025 within stipulated time as fixed by this Court. For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.K.S.Selvaganesh Additional Government Pleader

O R D E R

The petitioner challenges the order of the respondent in refusal check slip dated 02.05.2025 refusing to register the sale deed dated 02.05.2025 in temporary Document No.TP/217756059/2025.

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2. The case of the petitioner is that the petitioner has proposed to sell 23 cents of agricultural land as the agricultural land. However, the respondent has refused to register the said document citing Section 22(A) of the Registration Act.

3. The learned counsel for the petitioner states that the petitioner has not converted the said land into housing cites warranting refusal under Section 22(A) of the Registration Act.

4. I have also gone through the sale deed, which is sought to be presented for registration. It does not indicate that the land is sold as housing site. It is being sold as agricultural land.

5. The learned Additional Government Pleader would submit that even in the schedule to the said sale deed presented for registration southern boundary is shown as 'pathai'. He therefore submit that it is clear conversion of agricultural land and hence the sale in respect of agricultural land by mentioning the extent in cents.

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6. There is also an assertion that the lands are being agricultural lands. The respondent is not entitled to refuse registration of sale deed presented on the ground that the registration is hit by Section 22(A) of the Registration Act .

7. This Court repeatedly struck down the refusal check slips, which were refused by citing Section 22(A) of the Registration Act. In view of the same, the impugned order is set aside. The respondent is directed to register the temporary Document No.TP/217756059/2025 subject to the petitioner comply with the payment of requisite stamp duty and registration charges. The said exercise shall be carried out within a period of four weeks from the date of receipt of a copy of this order.

8. With the above direction, this writ petition is disposed of. No costs. 08.05.2025 NCC:yes/no Index:yes/no Internet:yes/no CM 3/6

To:

The Sub-Registrar, M.Reddiyapatti Sub-Registrar Office, M.Reddiyapatti, Virudhunagar District.

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P.B.BALAJI , J.

CM 5/6

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