Hari Ram v. The Joint-1 Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Hari Ram ... Petitioner vs.

The Joint-1 Sub Registrar, The Joint-1 Sub Registration Office, Thoothukudi, Thoothukudi 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 of the impugned refusal check slip in RFL/No.1 Joint Sub-Registrar Thoothukudi/97/2025 passed by respondent dated 03.06.2025 and to quash the same as illegal and consequently, to direct the respondent to register the sale deed presented by the petitioner dated 14.05.2025. For Petitioner : Mr.S.Vishnuvardhan For Respondent : 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 refusal check slip in RFL/No.1 Joint Sub-Registrar Thoothukudi/97/2025 passed by respondent dated 03.06.2025 1/4

and consequently, to direct the respondent to register the sale deed presented by the petitioner dated 14.05.2025.

2.The respondents have refused to register the sale deed stating that the land is in not approved by the DTCP and the same is against Section 22A.

3. The petitioner is purchasing 2.68 cents of land. While perusing the four boundaries it is seen that no new road is formed in the present land. Therefore, the provisions of 22A(2) is not attracted.

4. However, the petitioner has purchased only 2.68 cents, which cannot be treated as agricultural land and it has to be treated as housing plot only. People are selling the property with a lesser extent as agricultural land which cannot be entertained. The Registration Department is entitled to collect the stamp duty and the registration fees as applicable to housing plots. If lesser value is collected in any documents, the Registration Department is entitled to refer the same under Section 47A and rectify the same subject to the limitation prescribed under the Act.

5. For the reasons stated supra, the impugned refusal check slip is quashed and the respondents are directed to register the sale deed. However, the 2/4

same shall be registered as housing plot and the stamp duty and the registration fees as applicable to the housing plots may be collected from the petitioner. The said exercise shall be completed within a period of four weeks from the date of receipt of the copy of the order.

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

24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To:

The Joint-1 Sub Registrar, The Joint-1 Sub Registration Office, Thoothukudi, Thoothukudi Distric 3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :24.06.2025 4/4