I. Hema v. The District Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY I.Hema ... Petitioner Vs

1. The District Registrar, Madurai, Madurai District.

2. The Sub Registrar, Melur West Sub Registrar Office, Melur, Madurai District.

... Respondents 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 pertaining to the impugned refusal check slip No:RFL/Melur(West)/40/2025 dated 30.07.2025 issued by the second respondent and quash the same as illegal and consequently direct the second respondent to register the sale deed dated 30.07.2025 presented by the petitioner for registration. For Petitioner : Mr.A.Arputharaj For R-1 & R-2 : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 30.07.2025 and consequently direct the second respondent to register the sale deed dated 30.07.2025.

2. Through the impugned order, the second respondent refused to register the sale deed stating that the petitioner had divided the lands into plots and formed a new layout without obtaining approval. Further, the petitioner had also laid a new road.

3. The learned Counsel appearing for the petitioner submitted that a larger extent of 92 cents was divided into several portions of land and sold. However, the second respondent had not refused to register those lands. Therefore, the present impugned order is discriminatory.

4. One perusing the impugned order, it is seen that in 2008 an extent of 92 cents was sold. Thereafter, the said land was laid out into several plots and the same were sold from 2020 to 2024, wherein it is seen that the plots were sold ad-measuring more than five cents. In some of the plots, it is sold more than 10 2/4

cents. Since a substantial portion of the land has already been sold, the respondents cannot now insist on approval of the layout. The said issue has already been considered in W.P.No.14777 of 2023 dated 01.07.2024.

5. Therefore, following the said judgment, this Court is also of the considered opinion that when a substantial portion of the land has been sold, the respondent cannot insist on layout approval from the petitioner. Accordingly, the impugned order is quashed. The second respondent is directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4

S.SRIMATHY , J.

jbr To:

1. The District Regisrar, Madurai, Madurai District.

2. The Sub Registrar, Melur West Sub Registrar Office, Melur, Madurai District.

ORDER MADE IN DATED : 08.08.2025 4/4