Ayyappan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.11272 of 2026 Ayyappan ... Petitioner -vsThe Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip of the respondent in Refusal Check Slip No.RFL/Ottapidaram/31/2026 dated 22.05.2026 and quash the same and consequently, direct the respondent to register the sale deed dated 22.05.2026 to release the same within the time frame fixed by this Court. For Petitioner : Mr.K.Vigneshwaran For Respondent : Mr.S.Vashik Ali Standing Counsel

ORDER

The Writ Petition has been filed challenging the impugned Refusal Check Slip, dated 22.05.2026.

2. When the petitioner presented a sale deed for registration, the same was refused on the ground that the subject property is not an approved layout and therefore in violation of Section 22-A(2) of the Registration Act, 1908.

3. The learned counsel appearing for the petitioner would submit that even as per the impugned order, it is categorically stated that the total extent in Survey No.153/1 measures 6 Acres and 40 Cents and that the same was originally dealt with under Document No.1159 of 1975. Thereafter, from the year 2009 onwards, several plots to an extent of 4 Acres and 99 Cents have already been alienated out of the said extent as residential plots.

4. It is therefore contended that since the subject property has been treated and dealt with as residential property even prior to the cut-off date of 2016, the impugned refusal check slip is not sustainable.

5. The learned Standing Counsel appearing for the respondent is not in a position to dispute the factual position that Survey No.153/1 had been subjected to several prior transactions even before the year 2016.

6. In view of the above, this Writ Petition is allowed on the following terms:

(i) The impugned Refusal Check Slip dated 22.05.2026 shall stand set aside.

(ii) The petitioner shall be entitled to re-present the document before the respondent within a period of two weeks from the date of receipt of a web copy of this order.

(iii) Upon such re-presentation, the respondent shall register the document, if it is otherwise in order and there is no other legal impediment.

(iv) No costs. Consequently, the connected Miscellaneous Petition is closed.

05.06.2026 NCC : No

To:- The Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram, Thoothukudi.

D.BHARATHA CHAKRAVARTHY , J.

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