N.Kumar v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Kumar ... Petitioner Vs.

1.The Sub Registrar, Sub Registrar Office, Rajakkamangalam, Kanyakumari District.

2.W.Vinoth Kingston 3.May Queenshi 4.Wisely Merry Jones (R.2 to R.4 are impleaded vide order of this Court dated 10.10.2025) ... Respondents 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 proceedings of the respondent made in Refusal check slip in RFL/Rajakamangalam/126/2025, dated 10.09.2025 and quash the same and consequently direct the Respondent to register the Sale Deed and to release the pending Document in P41 of 2025 in respect of the properties comprised in New Survey Number 283/5, presently after 1/4

Sub Division in New S.No.283/5B1A, situated at Vembanor West Village, Agastheeswaram Taluk, Kanyakumari.

For Petitioner : Mr.A.Arun Ramnath For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R.1 M/s.Sasi Prabha for R.2 to R.4

ORDER

Heard both sides.

2.Sale deeds dated 10.09.2025 were executed by the writ petitioner in favour of the respective private respondents and presented for registration. On the ground that the petitioner had not obtained layout approval, registration was refused. Challenging the stand of the registering officer, this writ petition has been filed. 3.It is seen that the property sought to be conveyed is a constructed house along with the land. It is also seen that the petitioner had obtained building plan approval from the local body. Copy of the permission obtained by the petitioner has been enclosed in the typed set of papers.

2/4

4.In such circumstances, Section 22A of the Registration Act, 1908 may not have any application. In this view of the matter, the impugned refusal check slips are quashed. The petitioner is permitted to re-present the documents in question. They shall be registered and released subject to the fulfilment of the other usual formalities. 5.The learned counsel for the petitioner states that while one document has been returned and the other is kept as a pending document. The document in the writ petitioner's possession can be re-presented. Both the documents shall be registered and released subject to the fulfilment of the other usual formalities.

6.This Writ Petition is allowed accordingly. No costs. 17.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To The Sub Registrar, Sub Registrar Office, Rajakkamangalam, Kanyakumari District.

17.11.2025 4/4