T.Selvakumar v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.13300 of 2025 T.Selvakumar ... Petitioner Vs The Sub Registrar, Paavoor Chatram, Sub Registrar Office, Tenkasi 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 order dated 19.06.2025 on the file of the respondent vide proceeding in Refusal No. RFL/Paavoor Chatram/48/2025 and quash the same and further directing the respondent to register the petitioners Sale Deed dated 19.06.2025 in respect of the property bearing Ayan Punjai Survey No. 295/2A1E to an extent of 118 Sq. Ft (2.91 cents) in Pethanadarpatti Part 1, Keezhapavur Union, Tenkasi Taluk and District. For Petitioner : Mr. Robert Chandra Kumar I For Respondent : 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 refusal slip dated 19.06.2025 and consequently direct the respondent to register the sale deed dated 19.06.2025.
2. Through the impugned order, the respondent refused to register the sale deed on the ground that the plot is not an approved layout, and that the petitioner has created a new road.
3. The contention of the petitioner is that the petitioner's vendor had already purchased the said plot as a housing plot, measuring 10,000 square feet and it is not agricultural land. Further, the petitioner's vendor had purchased the property in the 2010, which is prior to 2016 but Section 22-A of the Registration Act was introduced after 2016. Therefore, the petitioner's plot is not coming within the purview of Section 22-A.
4. On perusing the parent deed, it is seen that the larger extent 2 acres and 63 cents was divided into 10,000 square feet and the petitioner's vendor had purchased 10,000 square feet. The petitioner's vendor had subdivided the land into five plots. In the present sale deed, the petitioner's vendor is selling only one plot to the extent of 118 square feet / 2.91 cents to the petitioner. Though the 2/4
petitioner has purchased the lesser extent to the extent of two cents alone, the petitioner is not creating any new road and an existing road is already available. Moreover, it is not fresh layout. Hence, DTCP approval is not necessary
5. Accordingly, the impugned order is quashed. The respondent is directed to register the sale deed dated 19.06.2025, within a period of four (4) weeks from the date of receipt of a copy of this order.
6. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
The Sub Registrar, Paavoor Chatram, Sub Registrar Office, Tenkasi District.
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S.SRIMATHY , J.
jbr ORDER MADE IN DATED : 26.06.2025 4/4