Sarath Kumar v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.20117 of 2025 Sarath Kumar ... Petitioner Vs.

The Sub Registrar Kariyapatti Sub Registrar Office, 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, to call for the records pertaining to the impugned refusal check slip issued by the 3rd Respondent in RFL/KARIYAPATTY/65/2025 dated 30.07.2025 and quash the same as illegal and consequently direct the Respondent to register the sale deed dated 29.07.2025 in respect of the land in Survey No.6/14C with an extent of 5 cents situated in ChandranKulam Namachivayapuram Village, Kariyapatti Taluk, Virudhunagar District.

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For Petitioner : Mr.K.Navaneetharaja For Respondent : Mr.G.V.Vairam Santhosh, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner herein purchased a house site measuring 1243.75 square feet in S.No.6/13A1A1A in Namasivayapuram Village vide sale deed dated 22.02.2019. Thereafter, he purchased five more cents of adjacent land for horticulture purpose. A sale deed dated 29.07.2025 executed in favour of the writ petitioner was presented for registration. Citing the bar en-grafted in Section 22A of the Registration Act, registration was refused and the impugned refusal check slip was issued. Challenging the same, this writ petition has been filed. 3.In the affidavit filed in support of the writ petition, the petitioner herein had stated that the land measuring an extent of five cents now purchased by the petitioner will be used only for horticulture purpose and 2/4

that they will not be converted as house site. In fact, the land has been described only as agricultural land in the sale deed in question. The petitioner states that even in future, if he wants to convert this land as house site, he would approach the authority and only after getting permission, develop the said land. Till then, he will use it only for horticulture purpose. The undertaking given by the writ petitioner is recorded.

4.In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document. It shall be registered and released by the respondent subject to fulfilment of other usual formalities.

5.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 22.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No 3/4

ias G.R.SWAMINATHAN, J.

ias To:

The Sub Registrar Kariyapatti Sub Registrar Office, Virudhunagar District.

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