Sivaram v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sivaram ... Petitioner vs.

The Sub Registrar, Thuckalay, Kannyakumari District.

...Respondent

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 relating to the impugned check slip issued by the respondent vide Refusal No.RFL/Thuckalay/111/2025 dated 06.05.2025 and to quash the same as illegal and consequently, to direct the respondent to register the sale deed presented by the petitioner dated 06.05.2025.

For Petitioner : Mr.A.Balakrishnan For Respondent : Mr.D.Sasi Kumar Additional Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, quash the impugned check slip issued by the respondent vide Refusal No.RFL/Thuckalay/111/2025 dated 06.05.2025 and consequently, to direct the respondent to register the sale deed presented by the 1/4

petitioner dated 06.05.2025.

2.The contention of the petitioner is that a larger extent of 89 ares belongs to the vendor and the vendor has sold several plots by dividing it into 10 cents, 20 cents, etc. The petitioner has already purchased 20 cents on 30.10.2019. The petitioner has sub divided the said land and has already sold one of the plots on 08.06.2022. The petitioner intended to sell the remaining portion of 9 cents on 06.05.2025. However, the respondent refused to register the same and issued a refusal slip stating that it is unapproved layout. 3.When the larger extent of 80 acre was sold by the vendor, there was no objection. Moreover, the plots were sold prior to 2016. Therefore, the respondent cannot object by citing it as unapproved layout.

Further, the petitioner is not creating any new road and there is an existing road which is evident from the sale deed. Four boundaries are shown and one of the boundary is already on the western side as pathway. Therefore, the refusal is not in accordance to law. Hence, the impugned refusal slip is set aside. The respondent is directed to register the said sale deed within a period of four weeks from the date of receipt of a copy of this order.

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4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

16.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

The Sub Registrar, Thuckalay, Kannyakumari District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :16.06.2025 4/4