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Palpandi a v. The Sub-Registrar

Madras HC27 Jun 2025WP(MD)/16372/2025

Case brief

AI extract

What is this about?

Certiorarified Mandamus; refusal check slip; Sub Registrar, Thiruppuvanam, Sivagangai; RFL/Thiruppuvanam/28/2025, 29/2025, 30/2025; Section 22 A of the Registration Act; DTCP approval plan; industrial area units; industrial units classification; registration of sale deed dated 28.05.2025; Electro Platers and Metal Finihers Association of Tamil Nadu; four weeks registration direction; non-application of mind; Madurai Bench of Madras High Court; S.Srimathy J.; 27.06.2025; W.P(MD)Nos.16372 to 16374 of 2025.

What did the court decide?

Writ of Certiorarified Mandamus issued: the refusal check slips are quashed and the Sub Registrar, Thiruppuvanam is directed to register the sale deeds dated 28.05.2025 executed in favour of the petitioners within four weeks from receipt of a copy of the order. ¶26

Palpandi a Vs The Sub-Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal check slips issued by the first respondent requiring DTCP approval under Section 22 A of the Registration Act are valid for registration of sale deeds in respect of units situated in an industrial area, when the petitioners contend DTCP approval is not applicable to such industrial area units.

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Court's answer

For industrial area units, DTCP approval will not be applicable; therefore the issuance of the impugned refusal slips was erroneous and amounted to total non-application of mind by the first respondent, and the refusal check slips are quashed.

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Ratio / Principle

The first respondent (Sub Registrar) is directed to register the sale deeds dated 28.05.2025 within a period of four weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ Petitions (W.P(MD)Nos.16372 to 16374 of 2025) were filed under Article 226 challenging refusal check slips dated 29.05.2025 (RFL/Thiruppuvanam/28, 29 and 30 of 2025) issued by the Sub Registrar, Thiruppuvanam, who had sought a DTCP approval plan claiming it is mandated under Section 22 A of the Registration Act, before registering sale deeds dated 28.05.2025 executed by the second respondent (an association of electro platers and metal finishers) in favour of the petitioners over units in an industrial area. Holding that for industrial area units DTCP approval will not be applicable, the court found the issuance of the refusal slips erroneous and a total non-application of mind by the Sub Registrar, quashed the check slips, and directed registration of the sale deeds within four weeks from receipt of a copy of the order. All writ petitions allowed; no costs.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 27.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)Nos.16372 to 16374 of 2025

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A.Palpandi .. Petitioner in WP(MD)No.16372/2025 P.Dhanabalan .. Peritioner in WP(MD)No.16373/2025 N.Sumathi .. Petitioner in WP(MD)No.16374/2025

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Vs.

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1.The Sub Registrar, Thiruppuvanam, Sivagangai.

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2.Electro Platers and Metal Finihers Association of Tamil Nadu, Represented through its Secretary, R.S.222/1-D.Karisalkulam Village, Samanatham Post, Madurai. ... Respondents in all cases

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PRAYER in WP(MD)No.16372/2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for records relating to the impugned refusal check slip of the 1^st respondent in RFL/Thiruppuvanam/28/2025 dated 29.05.2025 and quash the same and consequently direct the 1^st respondent to register the sale deed dated 28.05.2025

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1/5

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

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executed in favour of the petitioner and release the same within the time frame fixed by this Court.

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PRAYER in WP(MD)No.16373/2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for records relating to the impugned refusal check slip of the 1^st respondent in RFL/Thiruppuvanam/29/2025 dated 29.05.2025 and quash the same and consequently direct the 1^st respondent to register the sale deed dated 28.05.2025 executed in favour of the petitioner and release the same within the time frame fixed by this Court.

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PRAYER in WP(MD)No. (*)16374 /2025: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Ceritiorarified Mandamus, to call for records relating to the impugned refusal check slip of the 1^st respondent in RFL/Thiruppuvanam/30/2025 dated 29.05.2025 and quash the same and consequently direct the 1^st respondent to register the sale deed dated 28.05.2025 executed in favour of the petitioner and release the same within the time frame fixed by this Court.

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In all cases:

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For Petitioner : (*)Mr.H.Arumugam For Respondents : Mr.S.Saji Bino Special Government Pleader for R1

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

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COMMON ORDER

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These Writ Petitions have been filed for the issuance of a Writ of Certiorarified Mandamus to quash the check slips and consequently to direct the first respondent to register the sale deeds dated 28.05.2025 executed in favour of the petitioners and release the same within the time frame fixed by this Court.

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2.The land in dispute is classified as industrial units. The petitioners have purchased the said units from the second respondent. The 1 st respondent is seeking DTCP approval plan since it is mandated under Section 22 A of the Registration Act.

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3. The petitioners have purchased these units which comes under the Industrial area. For industrial area units, DTCP approval will not be applicable. Therefore the issuance of these impugned refusal slips are erroneous and total nonapplication of mind by the first respondent. Therefore, the same are quashed. Consequently the first respondent is directed to register the sale deeds within a period of four weeks from the date of receipt of a copy of this order.

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

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4. With the above direction, these Writ Petitions are allowed. No Costs.

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There shall be no order as to costs.

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Sd/-

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27/06/2025