Sulthan Syed Ibrahim P v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY P.Sulthan Syed Ibrahim ... Petitioner vs.

1. The District Registrar, District Registrar's Office, Tenkasi.

3. The Sub-Registrar, Sub-Registrar, Tenkasi, Tenkasi District.

...Respondents

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 relating to the impugned refusal slip issued by the 2nd respondent in Refusal Number. RFL/No.2 Joint Sub Registrar Thenkasi/103/2025 dated 11.07.2025 and quash the same as illegal and consequently direct the 2nd respondent to register the sale deed executed by the petitioner in Temporary Document No.TP/225103505/2025 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.J. Senthil Kumaraiah For Respondents : Mr.S.Kameshwaran Government Advocate 1/5

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal slip issued by the 2nd respondent dated 11.07.2025 and consequently direct the 2nd respondent to register the sale deed executed by the petitioner in Temporary Document No.TP/225103505/2025 within a stipulated time that may be fixed by this Court.

2. Through the impugned order, the 2nd respondent has refused to register the sale deed on the ground that there is no DTCP plan approval.

3. The learned Government Advocate appearing for the respondents submitted that the petitioner is selling 131⁄2 cents of land. Since there is a road on the southern side of the property, the 2nd respondent is insisting on a DTCP-approved plan.

4. On perusal of the schedule of property mentioned in the document, it is seen that on the northern side is 'Agthar Jabeen Manai', on the southern side there is a 'main road', on the eastern side there is a 'channel', and on the western side are lands that are to be sold by the petitioner. 2/5

5. From the above, it is evident that the petitioner has not laid any new road. In such circumstances, the circular issued by the Inspector General of the Registration Department, dated 16.03.2020, is applicable to the petitioner's case. Hence, the respondent cannot invoke Section 22(A) of the Registration Act to refuse registration.

6. Accordingly, the impugned refusal slip issued by the 2nd respondent dated 11.07.2025, is hereby quashed. The 2nd respondent is directed to register the sale deed executed by the petitioner, within a period of four weeks from the date of receipt of a copy of the order.

7. With these directions and observations, this writ petition is disposed of. No Costs.

21.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA Note : Issue a copy of order on 22.07.2025 3/5

To:

.

1. The District Registrar, District Registrar's Office, Tenkasi.

3. The Sub-Registrar, Sub-Registrar, Tenkasi, Tenkasi District.

4/5

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No. 19363 of 2025 DATED :21.07.2025 5/5