Sub Registrar refused to register a Gift Settlement deed presuming the property was an unapproved house site plot under Section 22-A and IGR circulars. The court found the refusal rested on mere apprehension without conclusive determination, quashed the refusal check slip and directed registration within four weeks.
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W.P(MD)No.18342 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.18342 of 2025
Mariappan ... Petitioner
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 pertaining to the Refusal check slip by its Refusal No.RFl/Panthalkudi/12/2025 issued by the 2nd respondent dated 23.06.2025 and to quash the same as unlawful and unsustainable consequently directing the 2nd respondent to register the Gift Settlement deed dated 23.06.2025 as and when the same is presented by the petitioner.
For Petitioner : Mr.S.Kishore Kumar For Respondents : Mr.S.Kameshwaran, Government Advocate
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W.P(MD)No.18342 of 2025
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the Refusal check slip issued by the 2nd respondent dated 23.06.2025 and consequently to direct the 2nd respondent to register the Gift Settlement deed dated 23.06.2025.
2. Upon perusal of the impugned refusal check slip, it is observed that the 2nd respondent has stated that the property covered under the settlement deed is presumed to be an unapproved house site plot. The refusal is based on the circulars issued by the Inspector General of Registration, Chennai, in Circular No. 29945/C1/2015 dated 21.06.2017 and the provisions of Section 22-A of the Registration Act. However, the 2nd respondent appears to have acted on mere apprehension, without any conclusive determination, thereby indicating a lack of clarity and certainty in their reasoning.
3. Accordingly, the impugned Refusal check slip issued by the 2nd respondent dated 23.06.2025 is hereby quashed. The 2 nd respondent is directed to register the Gift settlement deed dated 23.06.2025, within a period of four weeks from the date of receipt of a copy of the order.
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W.P(MD)No.18342 of 2025
4. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs.
07.07.2025
NCC : Yes / No Index : Yes / No Internet : Yes KSA
To:
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W.P(MD)No.18342 of 2025
S.SRIMATHY, J.
KSA
ORDER MADE IN W.P(MD)No.18342 of 2025
DATED : 07.07.2025
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1 issue framed by the court
Whether the Sub Registrar could refuse registration of a Gift Settlement deed based on a mere presumption that the property is an unapproved house site plot.
2 provisions across 2 enactments
Mariappan
The District Registrar, Virudhunagar District, Virudhunagar
The Sub Registrar, Panthalkudi Sub-Registrar Office, Virudhunagar District
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
