Madras High CourtWP(MD)/24501/2025allowed

M.Prabaharan v. The Sub Registrar,

2025-09-12Honourable Mr Justice G.R.Swaminathan3 pages

WP(MD) NO. 24501 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-09-2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN WP(MD) NO. 24501 of 2025 M.Prabaharan Petitioner Vs The Sub Registrar, Kariyapatti, 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 or any other order or direction in the nature of Writ, calling for the records pertaining to the respondent in Refusal Number RFL/ Kariyapatti/53/2025 dated 10.07.2025 and quash the same as illegal, consequently direct the respondent to register the sale deed dated 25.06.2025, presented for registration by petitioner on 10.07.2025 within a time frame and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner(s): Mr.N.Adithya Vijayalayan For Respondent(s): Mr.D.Gandhiraj, Special Government Pleader

ORDER

Heard both sides.

2.The petitioner had purchased the petition mentioned plot of land under sale deed dated 25.06.2025. It was presented for registration. The registration authority declined to register the document by invoking Section 22A of the Registration Act. Challenging the same, this writ petition has been filed. 3.It is seen from the materials on record that the petition mentioned land formed part of a large lay out. Several plots under the unapproved lay out have been sold prior to 2017. The petitioner is only purchasing an unsold part of the large layout. For such transactions, Section 22A cannot be applied. A learned Judge of this Court in the decision reported in CDJ 2024 MHC 3851 (D. Rajamanickam Vs. The Sub Registrar, Salem (West)) had held that the bar contained under Section 22A of the Registration Act is only with regard to the unapproved lay out which was formed without the permission for development from planning authority concerned and it would not apply to unapproved layouts formed prior to amendment.

4.In this view of the matter, the refusal check slip is quashed. The petitioner is permitted to re-present the document in question. It shall be received, registered and released by the registering authority subject to the fulfillment of the other usual formalities. This writ petition is allowed. No costs. 12-09-2025 SKM To 1.The Sub Registrar, Kariyapatti, Virudhunagar District.

G.R.SWAMINATHAN, J.

Skm WP(MD) NO. 24501 of 2025 12.09.2025