Ananthakumar v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ananthakumar ... Petitioner Vs.

The Sub Registrar, The Keelur Sub-Registrar Office, Thoothukudi, Thoothukudi District.

... Respondent PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court praying this Court to issue a Writ of Certiorarified Mandamus calling for the records of the impugned refusal check slip in RFL/Keelur/76/2025 passed by the respondent dated 22.07.2025 and quash the same as illegal and consequently direct the respondent to register the sale deed presented by the petitioner dated 22.07.2025. For Petitioner : S.Vishnuvardhan For Respondent : Mr.S.Kameshwaran, Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a writ of Certiorarified Mandamus calling for the records of the impugned refusal check slip in RFL/Keelur/76/2025 passed by the respondent dated 22.07.2025 and quash the same as illegal and consequently direct the respondent to register the sale deed presented by the petitioner dated 22.07.2025.

2. Through the impugned refusal slip, the respondent has refused to register the sale deed stating new road has been formed by the petitioner, hence, it is against Section 22A(2)of the Tamilnadu Registration Act. 3.The learned counsel for the petitioner would submit that the road was formed even as early as 2003 itself for which the petitioner is relying on the encumbrance certificate dated 04.08.2025. The said encumbrance certificate is for the period from 08.01.2001 to 03.08.2025. In Doc.No.168/2003 wherein it is stated that Survey No.93/6C is registered for which the four boundaries are shown and east-west road is in existence. When the road is in existence even in the year 2003 itself there is no question of forming any new road. Therefore, the impugned refusal check slip reflects the non-application of mind of the authorities and the same is liable to be 2/4

quashed, accordingly quashed. The respondent is directed to register the sale deed presented by the petitioner within a period of four weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition stands allowed. No Costs.

29.08.2025 NCC : Yes / No Index : Yes/No Internet : Yes PJL To The Sub Registrar, The Keelur Sub-Registrar Office, Thoothukudi, Thoothukudi District.

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S.SRIMATHY , J.

PJL ORDER MADE IN DATED : 25.08.2025 4/4