G.Chandrakumar v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Chandrakumar ... Petitioner Vs.

The Sub Registrar, Radhapuram, 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, calling for the records relating to the impugned refusal check slip issued by the respondent in refusal number: RFL/Radhapuram/56/2025 dated 12.09.2025 and quash the same as illegal arbitrary, without jurisdiction and in violation of the provisions of the Registration Act, 1908 and consequently directing the respondent to register the sale deed dated 12.09.2025 upon re-presentation within stipulated time fixed by this Court.

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For Petitioner : Mr.B.Saravanan Senior Counsel for M/s.B.Saravanan Associates For Respondent : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner wants to purchase the petition mentioned land measuring 25 cents vide sale deed dated 12.09.2025. It was presented for registration. Citing the bar contained in Section 22A of the Registration Act, 1908, registration was refused. Challenging the stand of the registering authority, this writ petition has been filed. 3.The writ petitioner's vendor Harikrishnan had purchased 39 cents of land vide sale deed dated 02.05.2024. The schedule to the said document mentions the southern boundary as Thiruchendur road. The said document was duly registered as Document No.1707 of 2024. Thiru.Harikrishnan subsequently sold 14 cents of land in favour of one Padma. It was registered as Document No.5123 of 2024 dated 16.12.2024. The registering authority did not have any difficulty in 2/4

registering the sale deed dated 02.05.2024 or the subsequent sale deed dated 16.12.2024. I fail to understand as to why, for the first time, an objection has been raised for the petitioner alone. The petitioner through his counsel gives an undertaking that the land in question will be used only as an agricultural land and that he will not undertake any developmental activity without getting permission from the competent authority. The petitioner has also filed an undertaking affidavit to this effect. The same is taken on record.

4.Recording the aforesaid undertaking given by the writ petitioner, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document. It shall be registered and released subject to the fulfilment of the other usual formalities. 5.This Writ Petition is allowed accordingly. No costs. 17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Radhapuram, Tirunelveli District.

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