A.Ayshammal v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Ayshammal

...Petitioner

Vs.

The Sub Registrar, The Melur West Sub Registrar Office, Melur, Madurai 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 relating to the impugned check slip RFL/Melur(West)/30/2025, dated 30.06.2025, issued by the respondent herein and to quash the same and consequently, to direct the respondent herein to entertain the Sale Deed, dated 02.05.2025 and presented by the petitioner for registration dated 30.06.2025 for registration, within time fixed by this Court.

For Petitioner : Mr.P.Saravanan For Respondent : Mr.S.Saji Bino Special 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 check slip RFL/Melur (West)/30/2025 dated 30.06.2025 issued by the respondent herein and consequently, to direct the respondent herein to entertain the sale deed, dated 02.05.2025 and presented by the petitioner for registration dated 30.06.2025 for registration, within time fixed by this Court. 2.Through the impugned order, the respondent has stated that the petitioner has purchased the land in an unapproved layout, thereby, the provisions of Section 22A(ii) is applicable. Hence, the same cannot be registered. 3.The learned Counsel appearing for the petitioner drew the attention of this Court to the encumbrance certificate issued for the period from 1975 to 2022. In Serial.No.3, there is a sale deed in document No.

1459 of 2003, dated 09.06.2003, wherein the Survey Nos.377/1 and 377/2, was sold for four cents alone. Even though the said land was sold as agricultural land, now, the petitioner is purchasing the same four cents of land in the same survey number. Therefore, it cannot be stated that the land is newly plotted and new road is formed. Hence, the impugned order is total non application of mind for the sole reason that the same four cents are being purchased by the petitioner.

4.Hence, the impugned order is quashed and the respondent is directed to register the document within within a period of four weeks from the date of receipt of a copy of this order. However, it is made clear that since the petitioner is purchasing only four cents, it can be registered only as a housing plot by paying the applicable stamp duty to the housing plot. 5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

30.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Sub Registrar, The Melur West Sub Registrar Office, Melur, Madurai District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 30.07.2025 4/4