Rooba v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY 1.Rooba 2.Muthukumar S ... Petitioner Vs.

The Sub-Registrar North Veeravanallur Tirunelveli.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the respondent in Refusal Check Slip No. RFL/North Veeravanallur/44/2025 dated 14.10.2025 and quash the same and consequently direct the respondent to register and release the document in favour of 1st petitioner within the time fixed by this Honble Court.

For Petitioner : Mr.H.Arumugam for Mr.S.Packiya Muthu For Respondent : Mr.V.Omprakash, GA 1/6

ORDER

This writ petition has been filed challenging the refusal check slip dated 14.10.2025 issued by the respondent.

2. The learned counsel for the petitioner would submit that in this case, the 1st petitioner is the purchaser and 2nd petitioner is the seller of the subject property. The 2nd petitioner intends to sell 31 cents of agricultural land to the 1st petitioner and presented the sale deed dated 10.10.2025. However, the respondents had refused to register the same by stating that the subject land is an unapproved layout and hence, there is a bar under Section 22A of the Registration Act to register any document pertaining to the said land.

3. In reply, the learned Government Advocate appearing for the respondent would submit that during a previous occasion, subsequent to the registration of a document, pertaining to the subject land, an objection was received from a 3rd party by stating that it is an unapproved layout. Now, the 2nd petitioner intends to sell the very same 2/6

subject land to the 1st petitioner and presented the sale deed dated 10.10.2025. Therefore, based on the objection received, the respondent had issued the refusal check slip dated 14.10.2025 by citing the bar under Section 22A of the Registration Act.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and also perused the entire materials available on record.

5. In the case on hand, initially, the 2nd petitioner had purchased the subject property, comprising 31 cents of agricultural land, vide sale deed dated 08.09.2021, from her vendor. Now, the 2nd petitioner intended to sell the said subject land to the 1st petitioner, by virtue of sale deed dated 10.10.2025. However, the respondent had refused to register the same vide impugned refusal order dated 14.10.2025, citing the reason that the subject land is an "unapproved layout" and thus, in terms of Section 22A of the Registration Act, 1908, there is a specific bar in registering the sale deed pertaining to the subject land. 3/6

6. According to the petitioners, the subject land is not house site but an agricultural land. The sale deed dated 10.10.2025 was executed by the 2nd petitioner is only with regard to the 31 cents of agricultural land and hence, it will not be considered as "plot/layout" to attract the provisions of Section 22A of the Registration Act, 1908. In this regard, they referred the clarification dated 16.03.2020 issued by Principal Secretary of Registration Department.

7. A perusal of the provisions of Section 22A and the aforesaid clarification makes it clear that the bar under Section 22A will apply only if there is any layout formed in the subject land. However, in this case, the subject property is an agricultural land and hence, the question of forming layout will not come into picture. In such case, the respondent will not have any impediment for registration of any document pertaining to the subject property. However, without considering the said aspect, the impugned refusal check slip was issued by the respondent in non-application of mind. 4/6

8. In view of the above, this Court is inclined to set aside the impugned refusal check slip. Accordingly, the refusal check slip dated 14.10.2025 is set aside. The respondent is directed to register the 2nd petitioner's sale deed dated 10.10.2025, immediately upon representation of same by the petitioners before the respondent. In such case, the respondent is directed to register the said sale deed forthwith, if it is otherwise in order.

9. With the above directions, this writ petition is disposed of. No cost.

29.01.2026 Speaking/Non-speaking order Index : Yes / No nsa To The Sub-Registrar North Veeravanallur Tirunelveli.

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KRISHNAN RAMASAMY.J., nsa 29.01.2026 6/6