K.Santhana Prabhu v. The Sub Registrar (West)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Santhana Prabhu ... Petitioner Vs.

The Sub Registrar, office of the Sub Registrar, Melur, Madurai 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 relating to the impugned refusal check slip passed by the respondent through its proceedings in RFL/Melur(West)/39/2025 dated 29.07.2025 and to quash the same and further directing the respondent to register the same.

For Petitioner : Mr.C.M.Mari Chelliah Prabhu 1/4

For Respondent : Mr.D.Gandhiraj Special Government Pleader

ORDER

Heard both sides.

2.The petitioner wants to purchase the petition mentioned property. Sale deed dated 29.07.2025 was executed in favour of the writ petitioner by his vendor Balamurugan. The document was presented for registration. Citing the bar under Section 22A of the Registration Act, 1908 registration was refused. Challenging the same, this writ petition has been filed.

3.It is seen that the writ petitioner's vendor purchased the property vide sale deed dated 06.11.2019. It was registered as Document No.5830 of 2019 on the file of the respondent. I had a look at the schedule to the earlier sale deed dated 06.11.2019. The writ petitioner's vendor is selling the property as such. There is no change even in the description also.

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4.Of course, there is considerable merit in the contention of the learned Special Government Pleader that it is inconceivable for any agricultural or horticultural activity to be carried out in a mere 4 cents of land. However, the petitioner gives an undertaking before this Court that he will develop the property or undertake any housing development or construct any building only after getting prior permission from the competent authority. In other words, without the land in question being regularised as a plot by DTCP, no housing development will take place. 5.Recording the said undertaking of the writ petitioner, the impugned refusal check slip is quashed. The petitioner is permitted to represent the document. It shall be registered and released subject to the fulfilment of the other usual formalities.

6.This Writ Petition is allowed accordingly. No costs. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, office of the Sub Registrar, Melur, Madurai District.

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