Allowed

Jebaraj v. The District Registrar

Madras HC24 Jun 2025WP(MD)/15241/2025

Case brief

AI extract

What is this about?

Writ petition challenging a Sub Registrar's refusal check slip declining registration of a sale deed over 21.11 cents of land. The court found a road already existed since 1978 and no new road was being formed, so Section 22A(2) was not attracted, quashed the refusal and directed registration.

What did the court decide?

Refusal check slip quashed; second respondent directed to register the sale deed dated 16.04.2025 for 21.11 cents in Survey No. 166/3F within four weeks.

Jebaraj Vs The District Registrar — Land Acquisition | Madras HC (2025)

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W.P(MD)No.15241 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.15241 of 2025 and W.M.P(MD)No. 11515 of 2025

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Jebaraj ... Petitioner

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1.The District Registrar, District Registrar Office, Polpettai,Thoothukudi, Thoothukudi District.

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2.The Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram Taluk,

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Thoothukudi District. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the Impugned order passed by 2nd respondent herein in his refusal check slip in refusal No. RFL/Ottapidaram/30/2025 dated 16.04.2025 and to quash the same and consequently direct the 2nd respondent to register the sale deed dated 16.04.2025 presented for registration in favour of the petitioner in the 21.11 cents of Nanja land in Survey No. 166/3F situated at Jampulingapuram Village of Ottapidaram Taluk, Thoothukudi District within a period of stipulated time frame fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15241 of 2025

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For Petitioner : Mr.B.Micheal Sebastin for M/S.J.Joseph Zinoson For Respondents : Mr.S.Saji Bino

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Special Government Pleader

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the Impugned order passed by

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2nd respondent herein in his refusal check slip in refusal No. RFL/Ottapidaram/30/2025 dated 16.04.2025 and to quash the same and consequently to direct the 2nd respondent to register the sale deed dated 16.04.2025 presented for registration in favour of the petitioner in the 21.11 cents of Nanja land in Survey No. 166/3F situated at Jampulingapuram Village of Ottapidaram Taluk, Thoothukudi District.

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Heard Mr.B.Micheal Sebastin, for M/S.J.Joseph Zinoson, the Learned Counsel for the petitioner, Mr.S.Saji Bino, the Learned Special Government Pleader for the Respondents and perused the material documents available on record.

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This Court earlier directed the petitioner to verify whether any sale deed executed prior to 2016. Pursuant to the same, the petitioner has produced encumbrance certificate dated 23.06.2025,wherein it is seen that the property was

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15241 of 2025

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sold in the year 1978 itself, which indicates that sale deeds were executed prior to

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2016. Therefore, the road was already formed on the eastern side in the year 1978 itself.

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4.On perusal of the present impugned document, it shows that the road is existing on the eastern side of the plots and new road has not been formed. Therefore, Section 22A(2) is not attracted. Hence, the impugned order is liable to be quashed.

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5.Accordingly, this writ petition stands allowed. The Impugned order

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passed by second respondent herein in refusal No. RFL/Ottapidaram/30/2025 dated 16.04.2025 is hereby quashed. The second respondent is directed to register the sale deed dated 16.04.2025 in favour of the petitioner to the extent of 21.11 cents of Nanja land in Survey No. 166/3F situated at Jampulingapuram Village of Ottapidaram Taluk, Thoothukudi District and the said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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24.06.2025

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NCC : Yes / No Index : Yes / No Internet : Yes/No vsg

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15241 of 2025

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1.The District Registrar, District Registrar Office, Polpettai,Thoothukudi, Thoothukudi District.

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2.The Sub Registrar, Ottapidaram Sub Registrar Office, Ottapidaram Taluk, Thoothukudi District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.15241 of 2025

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S.SRIMATHY, J.

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Vsg

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ORDER MADE IN W.P(MD)No.15241 of 2025

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DATED : 24.06.2025

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https://www.mhc.tn.gov.in/judis

Jebaraj v. The District Registrar

Case brief

What is this about?

What did the court decide?

Jebaraj v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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