Dharmar v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Dharmar ... Petitioner Vs.

The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar 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 Refusal Check Slip dated 01.07.2025 issued in Refusal No.RFL/Kariapatti/41/2025 and quash the same as illegal and consequently direct the respondent to register the sale deed dated 27.06.2025 presented by the petitioner for the Punja land comprised in S.No.2/1B3 (405.2 Sq.M. or 10 cents), Kariapatti Village, Virudhunagar District, without reference to the ground of un-approved layout, within a time frame stipulated by this Court.

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For Petitioner : Mr.S.Balamurugan For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.The writ petitioner had availed loan from one Karunakaran Jeyasingh. Since the petitioner was unable to settle the same, the petition mentioned sale deed was executed in his favour. It was presented for registration. The registering authority declined to entertain the document. The registering authority issued impugned refusal check slip. The stand of the respondent is that an unapproved plot is sought to be sold. Challenging the same, the present writ petition has been filed. 3.A copy of the sale deed has been enclosed in the typed set of papers. The learned counsel for the petitioner pointed out that the northern boundary has been shown as a 20 feet East West road. When this objectionable description was pointed out, the learned counsel for the petitioner stated that the sale deed will be suitably amended and thereafter represented for registration.

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4.The vendor and vendee had filed joined undertaking affidavit. Paragraph 3 of the said affidavit reads as follows: "3. We jointly undertake as follows:

a. The schedule of property in sale deed dated 27.06.2025 shall be rectified to show the land as punja land, in conformity with parent documents and revenue records. The erroneous reference to 20 feet pathway shall be deleted, and no such pathway shall be created. b. The remaining 19.5 cents in S.No.2/1B3 shall not be dealt, without getting due approval or exemption from competent authorities. The sold land (10 cents) shall continue as punja land and shall not be converted into house sites or layouts without approval or exemption of competent authorities.

c. No construction in sold land (10 cents) shall be put up without building plan permission or exemption from competent authorities. The transferee shall use the property strictly in accordance with its classification as agricultural punja land."

5.It is further stated that the purchased land will be utilised only for agricultural or horticultural purposes and that it shall not be converted into a house site without permission.

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6.Since the undertaking affidavit addresses all the concerns expressed by the registering authority, the petitioner is permitted to represent the document in terms of the aforesaid undertaking. The said document will be registered and released by the respondent subject to the fulfilment of the usual formalities.

7.This writ petition is disposed of accordingly. No costs. 08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Sub Registrar, Kariapatti Sub Registrar Office, Virudhunagar District.

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G.R.SWAMINATHAN, J.

MGA 08.09.2025 5/5