Vivekanand v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.21861 of 2025 Vivekanand ... Petitioner Vs.

1.The Sub Registrar, Thukalay, Kanyakumari.

2.Hariharan ... 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 impugned refusal check slip under Refusal No. RFL/Thuckalay/223/2025 passed by the first respondent dated 16.09.2025 and to quash the same as illegal and further to direct the respondent to register the sale deed dated 16.09.2025 executed by the petitioner relating to the property situated under New S.No.599/1A1Al measuring to an extent of 55 cents equivalent to 2226.4 sq.mts situated at Kumarapuram Revenue Village, KalkulamTaluk, Kanyakumari District. 1/4

For Petitioner : Mr.B.Micheal Sebastin For Respondents : Mr.D.Gandhiraj Special Government Pleader for R.1

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the first respondent. Notice to the second respondent is not formally sent, since the learned learned counsel for the petitioner states that suitable instruction has been obtained from the second respondent also. 2.Sale deed dated 16.09.2025 was executed by the writ petitioner in favour of the second respondent. The document was presented for registration. The first respondent declined to register the document by citing Section 22A of the Registration Act, 1908. Admittedly, the land that was originally purchased by the petitioner and is now being sold to the second respondent is not an approved layout. 3.The second respondent informs the Court through the learned counsel for the writ petitioner that he will use the land only for 2/4

horticultural purposes. He develop the land or put up any construction only after getting approval from the competent authority. 4.In view of the undertaking given by the second respondent through the writ petitioner's counsel, the order impugned in this writ petition is set aside. The parties at at liberty 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.

Consequently, connected miscellaneous petition is closed. 09.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To The Sub Registrar, Thukalay, Kanyakumari.

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G.R.SWAMINATHAN, J.

MGA 09.10.2025 4/4