Kala v. The District Registrar (Audit)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15973 of 2025 Kala ... Petitioner vs.

1.The District Registrar (Audit), Tirunelveli.

2. The District Registrar (Administration), Tirunelveli.

3. The Sub Registrar, Panagudi, Tirunelveli.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 3rd respondent to register the sale deed dated 05.06.2025 executed by the petitioner relating to the property situated under old S. No.1672/3B its New S.No.1672/3B1 measuring to an extent of 04 cents equivalent to 0.01.62 hectares located at Perungudi - II Village, Kavalkinaru, Radhapuram Taluk, Tirunelveli District by considering the petitioner's application No.TP/221698699/2025 dated 04.06.2025.

For Petitioner : Mr.R.Rajeshkumar For Respondents : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the 3rd respondent to register the sale deed dated 05.06.2025 executed by the petitioner relating to the property situated under old S. No.1672/3B its New S.No.1672/3B1 measuring to an extent of 04 cents equivalent to 0.01.62 hectares located at Perungudi - II Village, Kavalkinaru, Radhapuram Taluk, Tirunelveli District by considering the petitioner's application No.TP/221698699/2025 dated 04.06.2025.

2. The petitioner's vendor has inherited the property to the extent of 4 cents. The petitioner has purchased the said property through a sale deed dated 18.01.2023. Now, the petitioner intends to sell the property to the same extent of 4 cents. However, the respondents have refused to register the sale, stating that a new pathway was created, and therefore, without obtaining layout approval, the property cannot be registered.

3. On perusal of the records, it is evident that the petitioner purchased the property as agricultural punja land. This fact is substantiated by a registered sale deed dated 18.01.2023. Further, there was existing pathway, and the same was not newly created. Therefore, the reasoning cited by the respondents is erroneous.

4. Accordingly, this Writ Petition is allowed. The respondents are directed to register the sale deed dated 05.06.2025, within a period of four weeks from the date of receipt of a copy of the order. There shall be no order as to costs.

13.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1.The District Registrar (Audit), Tirunelveli.

2. The District Registrar (Administration), Tirunelveli.

3. The Sub Registrar, Panagudi, Tirunelveli.

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.15973 of 2025 DATED :13.06.2025