Vincent v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Vincent ... Petitioner vs.

1. The Sub Registrar, Kommadikottai, Thoothukudi District.

2. The Tahsildhar, Sathankulam Taluk, Thoothukudi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records pertaining to the refusal check slip passed by the 1st respondent in refusal No.RFL/ Kommadikottai /27/2025 dated 23.06.2025 and to quash the same. For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.S.Suriya Ananth Additional Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, to quash the refusal check slip passed by the 1st respondent in refusal No.RFL/ Kommadikottai /27/2025 dated 23.06.2025. 2.Through the impugned refusal check slip, the 1st respondent has declined to register the document, since the same is not approved by DTCP. 1/4

3.The contention of the petitioner is that a larger extent of 2 acre 18 cents belongs to the petitioner's vendor's family. The said property was purchased as early as 1962. Thereafter, based on the partition deed, five family members have partitioned the property in Survey No.330/2D and the land has been divided. The petitioner's vendor inherited 18 cents. Thereafter, the petitioner has purchased the same. The 1st respondent has refused to register stating that it is not an approved layout.

4.On perusing the sale deed as well as the partition deed, it is seen that a larger extent of the property is divided among the 5 family members. Moreover, the vendor has separately given a road which has been gifted to the local body. Further, it has been divided into less than 8 plots. Therefore, DTCP plan approval is not necessary, even as per the circular issued by the respondents. Therefore, the impugned order is quashed and the respondents are directed to register the document within a period of 4 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.

11.07.2025 2/4

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

1. The Sub Registrar, Kommadikottai, Thoothukudi District.

2. The Tahsildhar, Sathankulam Taluk, Thoothukudi District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :11.07.2025 4/4