Madras High CourtWP(MD)/19567/2025disposed of

Sappani v. The Joint Sub Registrar No.3

2025-07-21Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.15031 of 2025 Sappani ... Petitioner Vs The Joint Sub Registrar No.3, Office of the Join Sub Registrar No.3, Trichy.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal Check Slip issued by the respondent vide RFL/3 No Joint sub Registrar Trichy 71/2025 dated 25.04.2025 and quash the same as illegal and consequently directing the respondent to register the document presented by the petitioner within the time frame fixed by this Court. 1/4

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.G.Suriya Ananth Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 25.04.2025 and consequently directing the respondent to register the Power of Attorney executed by the petitioner.

2. As per the settled legal principle, the registration of a Power of Attorney will not come under the purview of 22-A of the Registration Act. The provisions of 22-A will be attracted only upon the execution of the sale deed. Therefore, the impugned order is quashed. The respondent is directed to register the Power of Attorney, within a period of four (4) weeks from the date of receipt of a copy of this order. However, it is made clear, in case, if the petitioner is selling the property in future, the same shall be considered in accordance to law especially under the provisions of Section 22-A of the Registration Act. 2/4

3. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Joint Sub Registrar No.3, Office of the Join Sub Registrar No.3, Trichy.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 21.07.2025 4/4