Esakki Raja Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

Esakki Raja Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned refusal check slip dated 25.06.2025 quashed; respondents directed to register the sale deed dated 12.06.2025 within a period of four (4) weeks from the date of receipt of a copy of the order; no order as to costs.

Issue for consideration

Whether the impugned refusal check slip dated 25.06.2025 issued by the second respondent is illegal and should be quashed. +1 more

Court's answer

In view of the above findings, the impugned order (refusal check slip) is quashed and the respondents are directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of the order.

Ratio / Principle

On perusing the sale deed, the Court found that the petitioner had purchased the land as punja land and not as housing plots.

Key takeaways

Perusing the Encumbrance Certificate, the Court found that earlier sale deeds were registered prior to the cut-off date of 2016, and only the previous sale deed was registered in the year 2022.ratio¶20
An entry in the records showing a road indicated that the road had already been formed.ratio¶24
The substantial portion of the land had already been subdivided and sold prior to the cut-off date of 2016.ratio

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S. Srimathy J. - W.P(MD)No.18849 of 2025, decided 11.07.2025: Esakki Raja v. The District Registrar, Tirunelveli and The Sub Registrar, Kallidaikurichi. By a Writ Petition under Article 226 seeking a Writ of Mandamus, the petitioner challenged the refusal check slip (Refusal Number.RFL/Kallidaikurichi/32/2025 dated 25.06.2025) issued by the Sub Registrar refusing registration of his sale deed dated 12.06.2025 for 10 cents in S.No.7/2B1A3, Zamin Singampatti-1 Village, Ambasamuthram Taluk, Tirunelveli. The Registrar objected that, though classified as punja land and not housing plots, the purchase was a small 10-cent extent carved out of 0.98.50 hectares, with the previous sale deed registered in 2022, after the prescribed cut-off date. On perusing the Encumbrance Certificate, the Court found that earlier sale deeds were registered prior to the 2016 cut-off date, that an entry showed a road already formed, and that the substantial portion of the land had already been subdivided and sold prior to 2016. Accordingly, the Court quashed the impugned refusal check slip and directed the respondents to register the sale deed within four weeks. Writ Petition allowed; no order as to costs.

W.P(MD)No.18849 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.18849 of 2025

Esakki Raja ... Petitioner

Vs

The District Registrar, Tirunelveli , Tirunelveli District.

The Sub Registrar,, Kallidaikurichi Sub Registrar Office, Tirunelveli District. ... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, calling for the records relating to the impugned refusal check slip issued by the second respondent in his proceedings in Refusal Number.RFL/Kallidaikurichi/32/2025 dated 25.06.2025 and quash the same as illegal and consequentially to direct the 2^nd Respondent to register the sale deed dated 12.06.2025 in respect of lands to an extent of 10 cents in S.No.7/2B1A3 situated in Zamin Singampatti-1 Village, Ambasamuthram Taluk, Tirunelveli, presented within time stipulated period as framed by this Court.

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W.P(MD)No.18849 of 2025

For Petitioner : M/s.Mamtha.S For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to quash the impugned refusal check slip dated 25.06.2025 and consequentially to direct the second Respondent to register the sale deed dated 12.06.2025.

2. On perusing the sale deed, it is seen that the petitioner has purchased the land as punja land and not as housing plots.

3. However, the learned Counsel appearing for the respondent vehemently objected stating even though the land is classified as punja land, the petitioner is purchasing only a smaller extent of 10 cents from out of a larger extent of 0.98.50 hectares. Further, the previous sale deed was registered in the year 2022, which is after the prescribed cut-off date.

After hearing the rival submissions, this Court has perused the Encumbrance Certificate. It is seen earlier sale deeds were registered prior to the cut-off date of 2016. Only the previous sale deed was registered in the year 2022,

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W.P(MD)No.18849 of 2025

but earlier sale deeds were registered prior to 2016. In one such entry, a road is shown which would indicate that the road has already been formed. Further, the substantial portion of the land has already been subdivided and sold prior to the cut-off date of 2016.

In view of the above, the impugned order is hereby quashed. The respondents are directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is allowed. There shall be

no order as to costs.

11.07.2025

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

jbr

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W.P(MD)No.18849 of 2025

S.SRIMATHY, J.

jbr

To:

The District Registrar, Tirunelveli , Tirunelveli District.

The Sub Registrar,, Kallidaikurichi Sub Registrar Office, Tirunelveli District.

ORDER MADE IN W.P(MD)No.18849 of 2025

DATED : 11.07.2025

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