Madras High CourtWP(MD)/25227/2025disposed of

M.Sivaprakash v. The Sub Registrar

2026-04-17Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 28.11.2025 Pronounced on : 17.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.19772 of 2025 M.Sivaprakash ... Petitioner Vs 1.The Sub Registrar, Kayalpattinam Sub Registrar Office, Thoothukudi District.

2.The Authorized Officer, Tamil Nad Mercantile Bank, South Branch, No.283, W.G.C. Road, Thoothukudi.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip dated 28.04.2023 issued by the first respondent by his proceedings RFL/Kayalpattinam/81/2023 and quash the same as illegal and consequently directing the first respondent to register the sale certificate presented by the second respondent herein in favour of the 1/4

petitioner for the property in Iyan Punjai Survey No. 258 in it land measuring 8 acres 76 cents in it south side land measuring 4 acre 38 cents in it centre part west side to an extent of 8.05 cents in Kandhasamypuram Village, Tiruchendur Road, Arumuganeri Peruratchi Ward No.11, Thoothukudi Registration District within the time limit as prescribed by this Court. For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.Veera.Kathiravan Additional Advocate General Assisted by Mr.S.Shanmugavel Additional Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the first respondent. Considering the nature of relief to be granted, issuance of notice to the second respondent is dispensed with.

2.The registering officer has issued the impugned refusal check slip on the grounds set out therein. Section 22A of the Registration Act, 1908 has been invoked. The scope and contours of the said provision have been delineated at length vide order dated 17.04.2026 in WP(MD)No.29522 of 2025. 2/4

3.In view of the same, the order impugned in this writ petition is quashed. The parties are at liberty to re-present the document in question. Upon such re-presentation, the registering officer shall take a decision in the light of the law laid down by this Court vide order dated 17.04.2025 in WP(MD)No.29522 of 2025.

4.With the aforesaid liberty to the petitioner and direction to the registering officer, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

17.04.2026 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Sub Registrar, Kayalpattinam Sub Registrar Office, Thoothukudi District.

2.The Authorized Officer, Tamil Nad Mercantile Bank, South Branch, No.283, W.G.C. Road, Thoothukudi.

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G.R.SWAMINATHAN, J.

MGA 17.04.2026 4/4