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Madras High CourtWP(MD)/18849/2025allowed

Esakki Raja v. The District Registrar,

2025-07-11Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Esakki Raja ... Petitioner Vs

1. The District Registrar, Tirunelveli , Tirunelveli District.

2. The Sub Registrar,, Kallidaikurichi Sub Registrar Office, Tirunelveli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, calling for the records relating to the impugned refusal check slip issued by the second respondent in his proceedings in Refusal Number.RFL/Kallidaikurichi/32/2025 dated 25.06.2025 and quash the same as illegal and consequentially to direct the 2nd Respondent to register the sale deed dated 12.06.2025 in respect of lands to an extent of 10 cents in S.No.7/2B1A3 situated in Zamin Singampatti-1 Village, Ambasamuthram Taluk, Tirunelveli, presented within time stipulated period as framed by this Court. 1/4

For Petitioner : M/s.Mamtha.S For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to quash the impugned refusal check slip dated 25.06.2025 and consequentially to direct the second Respondent to register the sale deed dated 12.06.2025.

2. On perusing the sale deed, it is seen that the petitioner has purchased the land as punja land and not as housing plots.

3. However, the learned Counsel appearing for the respondent vehemently objected stating even though the land is classified as punja land, the petitioner is purchasing only a smaller extent of 10 cents from out of a larger extent of 0.98.50 hectares. Further, the previous sale deed was registered in the year 2022, which is after the prescribed cut-off date.

4. After hearing the rival submissions, this Court has perused the Encumbrance Certificate. It is seen earlier sale deeds were registered prior to the cut-off date of 2016. Only the previous sale deed was registered in the year 2022, 2/4

but earlier sale deeds were registered prior to 2016. In one such entry, a road is shown which would indicate that the road has already been formed. Further, the substantial portion of the land has already been subdivided and sold prior to the cut-off date of 2016.

5. In view of the above, the impugned order is hereby quashed. The respondents are directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order.

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

11.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

1. The District Registrar, Tirunelveli , Tirunelveli District.

2. The Sub Registrar,, Kallidaikurichi Sub Registrar Office, Tirunelveli District.

ORDER MADE IN DATED : 11.07.2025 4/4