Krishnaraj v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Krishnaraj Petitioner(s) Vs The Sub Registrar Karivalamvanthanallur, Tenkasi District.

Respondent(s) 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 of the impugned refusal check slip in RFL/Karivalamvanthanallur/114/2025 dated 22.07.2025 on the file of the respondent and quash the same and further directing the respondent to receive and register the document for depositing the title deed as presented by the petitioner forthwith.

For Petitioners : Mr.K.Jeyamohan For Respondents : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

This writ petition is filed for Writ of Certiorarified Mandamus, to quash the impugned refusal check slip in RFL/Karivalamvanthanallur/114/2025 dated 22.07.2025 on the file of the respondent and consequently direct the respondent to receive and register the document for depositing the title deed as presented by the petitioner forthwith.

2.Through the impugned order, the respondent has refused to register the document presented by the petitioner for depositing the title deed, stating that the petitioner has not obtained DTCP approval.

3.The contention of the petitioner is that he has not transferred the property to any person but he has created mortgage deed by depositing the title deed in order to avail loan.

4.After hearing rival submission made, this Court is of the considered opinion that depositing of title deed or creating mortgage deed is not transferring the property. Therefore, DTCP approval is not necessary. More over, the petitioner has created mortgage for 73 cents, which is used as agricultural land only and it is not a housing plot. Therefore, the impugned refusal check slip was issued without application of mind and hence, the same is quashed. 2/4

5.Accordingly, this writ petition stands allowed. The impugned refusal check slip in RFL/Karivalamvanthanallur/114/2025 dated 22.07.2025 on the file of the respondent is hereby quashed. The respondent is directed to register the mortgage deed presented by depositing title deeds forthwith. No costs. 29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg Note:Issue Order Copy on 29.07.2025.

To 1.The Sub Registrar Karivalamvanthanallur, Tenkasi District.

2.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 29.07.2025 4/4