Allowed¶27

Selvanayagam v. The Sub Registrar

Madras HC1 Aug 2025WP(MD)/20979/2025

Case brief

AI extract

What is this about?

Refusal check slip; Sub Registrar Karivalamvanthanallur; Tenkasi District; sale deed registration refused; DTCP approval; Section 22A Registration Act; Encumbrance Certificate; Survey No.367/7; subdivision prior to 2016; existing East–West road ('vandi pathai'); Document Nos. 205/1994, 512/1994, 742/1994, 1127/2008; Writ of Certiorarified Mandamus; Article 226; quash refusal; register sale deed within four weeks; Madurai Bench Madras High Court; S.Srimathy J.; W.P(MD)No.20979 of 2025.

What did the court decide?

Writ Petition allowed: impugned refusal check slip quashed; respondent directed to register the sale deed within four weeks; no order as to costs. ¶27

Selvanayagam Vs The Sub Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition allowed: impugned refusal check slip quashed; respondent directed to register the sale deed within four weeks; no order as to costs.

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Issue for consideration

Whether the impugned refusal check slip dated 01.07.2025 issued by the respondent refusing registration of the petitioner's sale deed should be quashed and the respondent directed to accept and register the sale deed. +1 more

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Court's answer

The respondent is not correct in insisting on production of the DTCP approval plan, and accordingly the impugned order (refusal check slip) is quashed.

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Ratio / Principle

On perusing the entries in the Encumbrance Certificate, the land in Survey No.367/7 was subdivided prior to 2016 itself and several transactions have already happened.

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Key takeaways

There is already an existing road shown in all the documents as one of the four boundaries; therefore no new layout or new road has been formed.ratio¶26
The respondent is 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¶26

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), S.Srimathy, J. — W.P(MD)No.20979 of 2025 (decided 01.08.2025): The petitioner's Sale Deed dated 01.07.2025 (in favour of Rameshwari) over land in Survey No.367/7, Paruvakkudi Village, Tenkasi District, was refused registration by the Sub Registrar, Karivalamvanthanallur, via Refusal Check Slip RFL/Karivalamvanthanallur/103/2025 dated 01.07.2025, on the ground that the land was being sold as housing plots without DTCP approval, contrary to Section 22A of the Registration Act. Perusing the Encumbrance Certificate, the Court found that plots had been sold in the same survey number as early as 1994 (Document Nos. 205/1994, 512/1994, 742/1994) and again in 2008 (Document No. 1127/2008), with an East–West road / 'vandi pathai' consistently shown among the four boundaries; i.e., the land stood subdivided prior to 2016 with an existing road, so no new layout or new road had been formed. Holding the respondent not correct in demanding the DTCP approval plan, the Court quashed the impugned refusal check slip, directed registration of the sale deed within four weeks, and allowed the writ petition with no order as to costs.

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W.P(MD)No.20979 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.08.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.20979 of 2025

Selvanayagam

... Petitioner

The Sub Registrar, Karivalamvanthanallur Sub Registrar Office, Sankarankovil Taluk, Paruvakkudi Village, Tenkasi District.

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... 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 the respondent in impugned Refusal Check Slip bearing Refusal number: RFL/Karivalamvanthanallur/103/2025 dated 01.07.2025 and to quash the same and consequentially direct the respondent to accept and register the Sale Deed dated 01.07.2025 executed by the petitioner in favour of one Rameshwari.

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For Petitioner : Mr.R.Rajamohan For Respondent : Mr.S.Kameshwaran Government Advocate

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

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W.P(MD)No.20979 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 impugned refusal check slip dated 01.07.2025 and consequently, direct the respondent to accept and register the sale deed dated 01.07.2025 executed by the petitioner in favour of one Rameshwari.

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Through the impugned order, the respondent stated that the petitioner is selling the land as housing plots without obtaining DTCP approval, which is against the provisions of Section 22A of the Registration Act.

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The learned Counsel appearing for the petitioner by relying on the Encumbrance Certificate submitted that several plots were sold in the same Survey No.367/7.

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On perusing the Encumbrance Certificate, it is seen that prior to 1994, two plots were sold to the extent of 30 cents each in Document Nos. 205/1994 and 512/1994. On peruding the four boundaries, it is seen that on the southern side there is a “vandi pathai” along the East-West direction. Further, in Document No. 742 of 1994, two cents in the same Survey No.367/7 were sold, wherein the northern boundary is shown as an East–West Road. Again in the year 2008, the

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

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W.P(MD)No.20979 of 2025

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same Survey No.367/7, an extent of 30,492 sq.ft. was sold in Document No. 1127 /2008, and even there the northern boundary is shown as an East–West Road.

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On perusing these entries in the Encumbrance Certificate, it is evident that the land was subdivided prior to 2016 itself, and several transactions have happened. Moreover, already there is an existing road which is being shown in all the documents as four boundaries. Therefore, there is no new layout or new road has been formed. Hence, the respondent is not correct in stating to produce the DTCP approval plan. Accordingly, the impugned order is hereby quashed. The respondent is directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order.

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