Durairaj v. Commercial Taxes And Registration Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Durairaj 2.Aravindkumar (P.2 is suo motu impleaded vide order of this Court dated 08.10.2025) ... Petitioners Vs.

The Sub Registrar, Radhapuram, Tirunelveli District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip in RFL/Radhapuram/39/2025 dated 29.7.2025 issued by the respondent and consequently direct the respondent to register the Sale Deed dated 29.07.2025 in respect of property comprised in Survey No.361/3A to an extent of 12 1/2 cents (0.05.06 Ares) at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District.

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For Petitioners : Mr.S.Vinayak For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2.The first petitioner executed a sale deed dated 29.07.2025 in favour of the second petitioner. The document was presented for registration. Citing the bar under Section 22A of the Registration Act, 1908 registration was refused. Challenging the same, this writ petition has been filed.

3.The second petitioner / purchaser has filed an affidavit before this Court that he will utilise the petition mentioned land only for agricultural purposes and that he would develop the same or put up housing construction only after getting permission / approval from the competent authority. Since an undertaking has been given that the land conveyed to him will not be converted into a house site without approval from the concerned authorities, I am inclined to grant relief. 2/4

4.In this view of the matter, the impugned refusal check slip is quashed. The parties are permitted to re-present the document. It shall be registered and released subject to the fulfilment of the other usual formalities.

5.This Writ Petition is allowed accordingly. No costs. 08.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA Note: Issue order copy on 16.10.2025.

To The Sub Registrar, Radhapuram, Tirunelveli District.

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G.R.SWAMINATHAN, J.

MGA 08.10.2025 4/4