Delson v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2025

CORAM:

THE HONOURABLE MRS JUSTICE S.SRIMATHY W.P.(MD) No.20761 of 2025 Delson ... Petitioner Vs The Sub-Registrar Edalakudi, Kanniyakumari District. ... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the respondent proceedings in his RFL/Edalakudi/59/2025 dated 18.06.2025 quash the same and direct the respondent to register the sale deed dated 18.06.2025 quashing the same illegal and arbitrary and consequently direct the respondent to register the sale deed within the time limit that may be stipulated by this Court. For Petitioner : Mr.M.pandian For Respondent : Mr.D.Sasikumar Additional Government Pleader,

ORDER

The present writ petition is filed to quash the proceedings passed in RFL/Edalakudi/59/2025 dated 18.06.2025 by the respondent and consequently, to direct the respondent to register the sale deed dated 18.06.2025.

2.Through the impugned order, the respondent has refused to register the sale deed stating that the petitioner has formed new layout and sold the property without getting any approval from the appropriate authority. If the document is registered without approval, the same is against Section 22A(2) of the Registration Act, 1908. 3.On perusing the encumbrance certificate, it is seen that there is a title transfer on 03.11.2003 through Doc.No.3275/2003, but the said transfer is classified as agricultural land. Thereafter, the second entry through Doc.No.361/2012, dated 27.01.2012, there are several plots were shown as a housing plot, which indicates that the layout was formed prior to 2016. Even as per Section 22A(2) of the Registration Act, 1908, any

housing plot and any layout formed prior to 2016 need not get any planning approval. Hence, the impugned refusal check slip is liable to be quashed.

4.Accordingly, thsi writ petition stands allowed. The proceeding passed by the respondent in RFL/Edalakudi/59/2025 dated 18.06.2025, is hereby quashed. The respondent is directed to register the sale deed dated 18.06.2025, within a period of four weeks from the date of receipt of a copy of this order. No Costs.

30.07.2025 NCC : Yes/No Index : Yes/No Internet : Yes vsg To The Sub-Registrar Edalakudi, Kanniyakumari District

S.SRIMATHY, J vsg W.P.(MD) No. 20761 of 2025 30.07.2025