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Madras High CourtWP(MD)/24459/2025allowed

Kannan v. The Sub Registrar

2025-09-17Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24459 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24459 of 2025 Kannan ... Petitioner Vs.

The Sub Registrar, Panakudi Sub Registration Office, Panakudi, Tirunelveli District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the refusal check slip issued by the respondent dated 24.01.2024 in Refusal No.RFL/gzFb/7/2024 refusing to register the sale deed dated 24.01.2024 presented by the petitioner and to quash the same and consequently direct the respondent to register the said sale deed presented by the petitioner in respect of the land comprised in S.No.70/9A1B(Old survey No.70/9) admeasuring 0.02.02 Hectare (5 cents) of Panakudi Part-2 Village, Panakudi Town Panchayat, Radhapuram Taluk, Tirunelveli District without reference to the ground of non-approval of layout within the time stipulated by this Court.

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2 W.P.(MD)NO.24459 OF 2025 For Petitioner : Mr.S.Abu Backer Sidhic For Respondent : Mr.S.Shanmugavel, Additional Government Pleader.

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O R D E R

Heard both sides.

2. The petitioner wants to sell the petition-mentioned property in favour of Roseline Kamaladevi, W/o.Xavier Raj. The petitioner has purchased the property vide sale deed dated 04.09.2023. It was also registered as document No.3558 of 2023. The petitioner is selling the property as such. There is no change in the boundary description. The petitioner undertakes before this Court that before re-presenting the document, he will procure an affidavit from the purchaser that the property sold under the petition-mentioned document will not be used for housing development without regularising the land in question. In other words, without getting permission from the competent authority, no development will take place on the land conveyed under the document.

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3 W.P.(MD)NO.24459 OF 2025

3. Recording the aforesaid undertaking, the impugned refusal check slip is quashed. The parties are permitted to re-present the document and it shall be registered and released subject to fulfilment of the other usual formalities. It is enough if the parties to the document produce true copy of the affidavit of undertaking filed before this Court along with SR number before the registering authority. This writ petition stands allowed. No costs. 17.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The Sub Registrar, Panakudi Sub Registration Office, Panakudi, Tirunelveli District.

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4 W.P.(MD)NO.24459 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24459 of 2025 17.09.2025 4/4