Disposed

Pappudurai v. The Sub Registrar

Madras HC8 Jul 2025WP(MD)/17440/2025

Case brief

AI extract

What is this about?

Sub Registrar refused registration of a sale deed citing Section 22-A of the Registration Act for lack of DTCP approval. The court found no fresh layout or new road formation existed, held Section 22-A inapplicable, and directed registration within four weeks while permitting collection of appropriate stamp duty as for a plot.

What did the court decide?

Respondent directed to register the sale deed dated 16.04.2025 within four weeks; liberty to collect appropriate stamp duty and registration fee.

Pappudurai Vs The Sub Registrar — Landlord and Tenant | Madras HC (2025)

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W.P(MD)No.17440 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.07.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.17440 of 2025

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Pappudurai 2. Paulson ... Petitioners

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Vs The Sub Registrar, Mukkudal Sub Registrar Office, Mukkudal, Cheranmahadevi Taluk, Tirunelveli District - 627 601. ... Respondent

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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, calling for the records of impugned proceedings issued by the respondent herein in Refusal Number. RFL/ Mukkudal / 17 / 2025 dated 16.04.2025 and quash the same and consequently directing the respondent to register the sale deed presented by the petitioners dated 16.04.2025.

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For Petitioners : Mr.T.Selvan For Respondent : Mr.S.Saji Bino Special Government Pleader

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

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W.P(MD)No.17440 of 2025

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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 quash the refusal check slip dated 16.04.2025 and consequently directing the respondent to register the sale deed presented by the petitioners dated 16.04.2025.

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Through the impugned order, the respondent refused to register the sale deed stating that the petitioner has not obtained DTCP approval and therefore, the document attracts the provisions of Section 22-A of the Registration Act.

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On perusing the four boundaries of the petitioner's sale deed, it is seen that on the northern and southern side are described as “vivasaya vandi paathai” and the other side is bounded by punja lands. Therefore, the petitioner has not newly formed layout and it is not hitting Section 22-A of the Act.

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The learned Special Government Pleader stated the petitioners seek registration of the land as agricultural land, but the surrounding lands have been registered as plots. Therefore, if the sale deed is permitted to be registered then the respondent would not be in a position to collect the stamp duty applicable to the housing plot.

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

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W.P(MD)No.17440 of 2025

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This Court is not restricting the respondent from collecting appropriate stamp duty by assessing it as a plot. This Court is only stating that Section 22-A is not applicable since there is a Circular, where it has granted several exemption from DTCP approval. In the present case, there is no fresh layout and there is no fresh formation of new road. Therefore, the respondent shall register the sale deed 16.04.2025 within a period of four (4) weeks from the date of receipt of a copy of this order. However, liberty is granted to the respondent to collect appropriate stamp duty as per law and registration fee applicable to the land / plot.

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6. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

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08.07.2025

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

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jbr

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

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W.P(MD)No.17440 of 2025

S.SRIMATHY, J.

jbr

To:

The Sub Registrar, Mukkudal Sub Registrar Office, Mukkudal, Cheranmahadevi Taluk, Tirunelveli District - 627 601.

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ORDER MADE IN W.P(MD)No.17440 of 2025

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DATED : 08.07.2025

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

Pappudurai v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Pappudurai v. The Sub 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

Coram

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