Manimozhi, v. The Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Manimozhi ... Petitioner vs.
1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.
2.The District Registrar(Administration), Collectorate Campus, Palayamkottai, Kokkirakulam, Tirunelveli 627 009 3.The Sub Registrar, Radhapuram Sub-Registrar Office, Radhapuram, Tirunelveli District ... Respondents 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 pertaining to the impugned check slip issued by the 3rd Respondent in RFL/Radhapuram/44/2024 dated 09.12.2024 and to quash the same as arbitrary, illegal and consequently to direct the 3rd respondent to accept and register the sale deed presented in Document No.TP/203466698/2024 relating to the property measuring 3 cents in S.No.608/1A1A situated at Chettikulam Village, Radhapuram Taluk,Tirunelveli District.
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For Petitioner : Mr.R.Sri Ram For Respondents : Mr.S.Saji Bino Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned check slip, dated 09.12.2024 and consequently, to direct the 3rd respondent to accept and register the sale deed presented in Document No.TP/203466698/2024 relating to the property measuring 3 cents in S.No.608/1A1A situated at Chettikulam Village, Radhapuram Taluk, Tirunelveli District.
2.Through the impugned order, the respondents have refused to register citing that the petitioner has divided the property by forming fresh layout and the same is not approved. Therefore, it is attracting Section 22(A)2. 3.On perusing the sale deed, it is seen that the petitioner is purchasing three cents of land. It has been declared as housing site in the encumbrance certificate. It was sold as early as 05.02.2007 and the classification of the property is shown as housing plot where four boundaries are shown. In the four boundaries, the western side is shown as road. Therefore, already the road is available. The petitioner is not dividing the property and the road is not being 2/5
laid. Therefore, the sub clause 3 of the circular, dated 16.03.2020, will protect the petitioner's registration.
4.The learned Special Government Pleader appearing for the respondents submitted that even though the 2007 document states that road is on the western side, the petitioner's four boundaries are not showing any road. Therefore the subclass 3 of the circular, dated 16.03.2020, is not attracted and the benefit under subclass 3 cannot be granted to the petitioner. But this contention is rejected for the sole reason that the said circular only states if there is any formation of new road, then only Section 22(A) is attracted. In the present case, new road has not been laid.
5.Therefore the impugned refusal check slip is quashed and the respondents are directed to register the document within a period of four weeks from the date of receipt of a copy of this order. 6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.
07.07.2025 NCC : Yes / No (1/3) Index : Yes / No Internet : Yes Tmg 3/5
To 1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028 2.The District Registrar(Administration), Collectorate Campus, Palayamkottai, Kokkirakulam, Tirunelveli 627 009 3.The Sub Registrar, Radhapuram Sub-Registrar Office, Radhapuram, Tirunelveli District 4/5
S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 07.07.2025 (1/3) 5/5