J.Mohanakumar v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.19354 of 2025 J.Mohanakumar ... Petitioner Vs.

1.The District Registrar, South Side Road, Nagercoil.

2.The Sub Registrar, Palliyadi Sub Registrar Office, Palliyadi, Kanyakumari District.

3.Sabitha Lakshmi ... Respondents 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 of the Refusal check slip passed by the second respondent vide Refusal Number.RFL/Palliyadi/51/2025, dated 10.07.2025 quash the same and consequently directing the second respondent to register the settlement deed with regard to the property in Old Survey No3179, 1/4

R.S.N.553/13A if the then Valvachagoshtam Village, now Maruthoorkurichi village, Kalkulam Taluk, Palliyadi Sub Regisration, District Kanyakumari District admeasuring 10 cents equivalent to 0.04.04 ares of vacant punja land, executed by the petitioner in favour of the third respondent.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 and 2. 2.The writ petitioner herein purchased the petition mentioned land vide sale deed dated 24.04.2021. It was registered as Document No. 1446/2021. The petitioner had executed settlement deed dated 10.07.2025 settling the said property in favour of his wife / third respondent herein. When it was presented for registration, the second respondent declined to register the document citing the bar under Section 22A of the Registration Act, 1908. Challenging the refusal check slip, this writ petition has been filed.

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3.The registering authority did not have any objection when the land was conveyed in favour of the writ petitioner. The land has been described only as punja land. In the settlement deed also the character of the land has not been altered. The parties have agree that the land in question will be put to use only as agricultural land and if they want to carry out any developmental activity, they will do so only after getting permission from the competent authority. This undertaking given by the party is recorded. In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the petition mentioned document. It shall be registered and released subject to the fulfilment of the other usual formalities.

4.This Writ Petition is allowed accordingly. No costs.

Consequently, connected miscellaneous petition is closed. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Registrar, South Side Road, Nagercoil.

2.The Sub Registrar, Palliyadi Sub Registrar Office, Palliyadi, Kanyakumari District.

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