Sankar v. The Sub-Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Sankar 2.Selvarani 3.M/s.Sri Gomathy Mills Private Limited, Represented by its Executive Director, V.Maninarayan, Door No.9, Agasthiyar East Street, Ambasamudram - 627 401, Tirunelveli District.
... Petitioners Vs.
The Sub Registrar, Office of the Sub Registrar, North Veeravanallur - 627 426, Tirunelveli 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 records related to the impugned refusal check slip vide Refusal Number: RFL /North Veeravanallur/32/2025 dated 06.08.2025 issued byt he respondent and quash the same as illegal and consequently direct the 1/5
respondent to register the sale deed dated 01.08.2025 executed by the third petitioner in favour of first petitioner and the second petitioner, viz., Mr.Shankar and Tmt.Selvarani in respect of the schedule of property within a reasonable period to be determined by this Court. For Petitioners : Mr.N.Dilipkumar For Respondent : Mr.M.Senthil Ayyanar Government Advocate
ORDER
Heard both sides.
2.The third petitioner herein had executed the petition mentioned sale deed in favour of the petitioners 1 and 2 and the same was presented for registration before the respondent. The respondent declined to accept the document for registration on the ground that the bar contained in Section 22A of the Registration Act, 1908 is attracted. Challenging the refusal check slip, this writ petition has been filed. 3.The petitioners inform the Court that the character of the land continues to remain as agricultural land and has not been altered. It is further undertaken that no developmental activity will take place without 2/5
getting proper permission from the competent authority. My attention is also drawn to the order dated 01.04.2025 made in W.P(MD)No.8804 of 2025 (Vijaya Rathan & another Vs The Sub Registrar). In the said case also, the third petitioner herein was the vendor. The said writ petition was allowed in the following terms:
"8. Section 22-A(2) of the Registration Act is attracted only if an agricultural land is converted into a house site without securing permission from the appropriate authorities and sold as house sites. It does not bar the alienation of agricultural land as it is. The alienation, in the present case, is of agricultural punja lands. The purchaser has filed an affidavit along with the vendor stating that there is no change in status of the agricultural lands into house sites nor is it going to be changed into a house site and the lands are going to be retained as agricultural lands alone.
9. As pointed out above, since Section 22-A(2) is inapplicable, for the mere fact that 9.63 cents has been set apart as a passage, an inference cannot be drawn that the alienation is one for the house site. It is not the apprehension of the respondent, which matters, but the manner in which the property is being treated by the vendor and the purchaser.
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10. In the light of the above discussion, the impugned order is quashed. The Writ Petition is allowed. There shall be a direction to the respondent to register the sale deed presented by the petitioners dated 06.03.2025 within a period of two (2) weeks from the date of uploading of this order."
4.The case on hand is also similar or rather identical. In this view of the matter, the order impugned in this writ petition is quashed. The petitioners are permitted to re-present the document. The respondent herein shall receive it and register the same and release it subject to the fulfilment of the other usual formalities.
5.This writ petition is allowed on these terms. No costs. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Sub Registrar, Office of the Sub Registrar, North Veeravanallur - 627 426, Tirunelveli District.
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G.R.SWAMINATHAN, J.
MGA 11.09.2025 5/5