M.Santhi, v. The Sub Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.21619 of 2025 M.Santhi ... Petitioner Vs.

The Sub Registrar, Melur Sub Registrar Office, Taluk Office Complex, 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 cheque slip No.RFL/Melur(West)/43/2025, dated 07.08.2025 of the respondent and quash the same as illegal and consequently, directing the respondent to register the document presented by the petitioner for registration within a period that may be stipulated by this Court.

For Petitioner : Mr.M.Rajarajan For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

Heard both sides.

2. The writ petitioner executed the power of attorney dated 28.05.2025 in favour of one Sathish. It was presented for registration. The respondent refused registration by invoking Section 22(A) of the Registration Act. Challenging the same, this writ petition has been filed.

3. I uphold the contentions of the petitioner's counsel that Section 22(A) can be invoked only if there is a transfer of interest in any one of the modes set out in the Section. By executing power of attorney, no interest is transferred. Therefore, on this ground, the impugned order may have to be set aside.

4. But then, I cannot lose sight of the objection raised by the learned Special Government Pleader. He points out that in the power of attorney deed as well as the earlier sale deed executed in the year 2020, one of the boundaries has been shown as road. The petitioner cannot be allowed to indicate pathway as boundary when it was not originally there.

5. The petitioner through her counsel undertakes that as and when the power of attorney is re-presented, the boundary description will be 2/4

appropriately amended. In other words, no pathway or road shall be shown as one of the four boundaries. It is further undertaken that no developmental activity will take place without express approval from the competent authority.

6. In this view of the matter, the petitioner is permitted to re-present the document with the amendment indicated above. Such a document will be registered by the respondent subject to fulfilment of other usual formalities.

7. The learned Additional Advocate General would further add that in respect of the related transactions, enquiry has been ordered. The grant of relief in this writ petition will not in any way impede the on going investigation.

8. The Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

13.10.2025 Index : Yes / No Internet : Yes/ No rmi To The Sub Registrar, Melur Sub Registrar Office, Taluk Office Complex, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

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