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Madras High CourtWP(MD)/15695/2025disposed of

M.Feroz Fathima v. The Government Of Tamilnadu

2025-06-11Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.06.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No. 15695 of 2025 and W.M.P(MD)Nos.11932 & 11933 of 2025 M.Feroz Fathim ... Petitioner Vs.

1. The Government of Tamilnadu, Rep by its Additional Chief Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai 600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Rajaannamalipuram, Chennai 600 028.

3. The District Registrar, Registration Department, Tirunelveli.

4. The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli.

5. The Commissioner of Municipal Administration, Town and Country Planning Department, Xavier Colony, South Bye Pass Road, Tirunelveli.

... Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in his proceedings issued in No.2823/AA1/2025 dated 22.05.2025 and quash the same as nonapplication of mind and consequently directing the registration officials to register the document pertaining to housing plot Nos.22,23 and 24, Jeyam Nagar, situated in Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District.

For Petitioner :

Mr.Ananth C.Rajesh For Respondent :

Mr.G.Suriya Ananth Additional Government Pleader

ORDER

This writ petition is filed for Writ of Certiorarified Mandamus, to quash the impugned proceedings passed by the 3rd respondent in No.2823/AA1/2025 dated 22.05.2025 and also seeking consequential direction to the registration officials to register the document pertaining to housing plot Nos.22,23 and 24, Jeyam Nagar, situated in Survey No.827/2A and 828/2A1, Suthamalli Village, Tirunelveli District.

2. Admittedly, the petitioner has divided the plots and a layout has been formed. However, the said layout has not been approved.

The approval of the layout is still pending. Since it is pending and not yet approved, the Registration Department cannot register the sale deed due to Section 22(A) of the Registration Act. The said circular has directed the Registration Department to register only plots that belong to an approved layout.

3. In view of the aforesaid reasons, the petitioner is directed to approach the concerned authorities to obtain approval for the layout. After obtaining approval, the petitioner may approach the Registration Department.

4. With these observations, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 11.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes KSA

TO

1. The Government of Tamilnadu, Rep by its Additional Chief Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai 600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Rajaannamalipuram, Chennai 600 028.

3. The District Registrar, Registration Department, Tirunelveli.

4. The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli.

5. The Commissioner of Municipal Administration, Town and Country Planning Department, Xavier Colony, South Bye Pass Road, Tirunelveli

S.SRIMATHY, J KSA W.P.(MD) No. 15695 of 2025 11.06.2025