Petchiammal E v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY E.Petchiammal ... Petitioner

1. The Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

2. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028. ... 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 in pursuance of the impugned Refusal Check Slip in Refusal No: RFL/VALLIYUR/33/2024 dated 27.06.2024 by the 1st respondent in virtue of the 2nd respondent's Circular No.52899/C1/2019, dated 03.01.2020 and to quash the same as illegal and consequently, to direct the 1st respondent to register the petitioner's document in TP/185728198/2024, dated 27.06.2024, within the time stipulated by this Court.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned Refusal Check Slip in Refusal No: RFL/VALLIYUR/33/2024 dated 27.06.2024 by the 1st respondent in virtue of the 2nd respondent's Circular No.52899/C1/2019, dated 03.01.2020 and consequently, to direct the 1st respondent to register the petitioner's document in TP/185728198/2024, dated 27.06.2024, within the time stipulated by this Court. 2.The objection raised by the respondents is that the petitioner has not obtained any layout approval for the land. The learned Additional Government Pleader appearing for the respondents submitted that some of the lands were sold as plots for which he is relying on the entry in the Serial No.6 of the encumbrance certificate, wherein it has been stated as vacant house site.

On perusal of the said entry, it is seen that the said house site admeasures 5227.2 square feet (more than 10 cents) was sold in the year 2009, which is prior to 2016. If the lands are sold prior to 2016 then the same would not attract the provisions of section 22A(2). Hence the objection raised by the respondents is erroneous. 3.

and the petitioner has not formed any fresh layout and has not formed any new road. Further the petitioner is settling the land as agricultural land.

4. Therefore, the impugned refusal slip is erroneous and the same is quashed. The respondents are directed to register the petitioner's document, dated 27.06.2024, within a period of four weeks from the date of receipt of a copy of this order.

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

19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To

1. The Sub Registrar, Sub Registrar Office, Valliyur, Tirunelveli District.

2. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600028.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 19.06.2025 4/4