S.R.Sankarapandian v. The Deputy Inspector Of Registration

1 W.P.(MD)NO.24620 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24620 of 2023 S.R.Sankarapandian ... Petitioner Vs.

1. The Deputy Inspector of Registration, Ramanathapuram Zone, Ramanathapuram.

2. The District Registrar (Admin), Ramanathapuram Registration District, Ramanathapuram.

3. The Sub Registrar, Muthukulathur, Ramanathapuram Registration District, Ramanathapuram.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the impugned refusal of registration order vide refusal Number:RFL/Muthukulathur/44/2023 dated 03.10.2023 on the file of the third respondent and quash the same as illegal as devoid of merits and direct the second and third respondents to register the document filed by the petitioner in survey No.44/3, Keezha Muthukulathur Village, Muthukulathur Taluk, Ramanathapuram District in accordance with law. 1/3

2 W.P.(MD)NO.24620 OF 2023 For Petitioner : Mr.Raja.Karthikeyan For Respondents : Mr.R.Ragavendran, Government Advocate.

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O R D E R

Heard both sides.

2. The petitioner wants to sell the petition mentioned land. He executed the sale deed dated 03.10.2023 in favour of one Pooranam. The document was presented for registration. Citing Section 22-A of the Registration Act, registration was refused. Challenging the refusal check slip, the present writ petition came to be filed.

3. The learned Government Advocate appearing for the respondents submitted that the property in question appears to have been developed as a piece of residential lay out. Since approval has not been obtained from the authority, registration was rightly refused. This is the stand of the respondents. The learned counsel appearing for the petitioner categorically states that what is being sold is only a piece of agricultural 2/3

3 W.P.(MD)NO.24620 OF 2023 land. If the purchaser namely, Pooranam executes an affidavit before the third respondent that she is buying a piece of agricultural land and that if she wants to develop the same in future or put up construction thereon, she will do so after obtaining approval from the competent authority, the document can be registered and released subject to fulfilment of the other usual formalities. In this view of the matter, granting liberty to the parties concerned, this writ petition stands disposed of. No costs. 11.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Deputy Inspector of Registration, Ramanathapuram Zone, Ramanathapuram.

2. The District Registrar (Admin), Ramanathapuram Registration District, Ramanathapuram.

3. The Sub Registrar, Muthukulathur, Ramanathapuram Registration District, Ramanathapuram.

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4 W.P.(MD)NO.24620 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24620 of 2023 11.07.2024 4/3