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Durairaj v. Commercial Taxes and Registration Department

Madras HC8 Oct 2025WP(MD)/21848/2025

Case brief

AI extract

What is this about?

W.P(MD)No.21848 of 2025; Madurai Bench of Madras High Court; G.R. Swaminathan; 08.10.2025; Section 22A Registration Act 1908; refusal check slip RFL/Radhapuram/39/2025 quashed; Sub Registrar Radhapuram Tirunelveli District; sale deed dated 29.07.2025; Survey No.361/3A; Samugarengapuram Village; Radhapuram Taluk; 12 1/2 cents; purchaser's affidavit undertaking agricultural use only; no conversion to house site without approval; writ of Certiorarified Mandamus under Article 226 allowed; re-presentation and registration permitted; second petitioner suo motu impleaded; no costs.

What did the court decide?

Writ petition allowed: impugned refusal check slip quashed; parties permitted to re-present the sale deed dated 29.07.2025, which shall be registered and released subject to fulfilment of the other usual formalities; no costs. ¶26

Durairaj Vs Commercial Taxes and Registration… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned Refusal Check Slip (RFL/Radhapuram/39/2025 dated 29.7.2025) refusing registration of the sale deed dated 29.07.2025 in respect of Survey No.361/3A, Samugarengapuram Village, should be quashed and the respondent directed to register the sale deed, given the purchaser's undertaking to use the land only for agricultural purposes.

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Court's answer

Since the second petitioner has given an undertaking (by affidavit) that the land conveyed to him will not be converted into a house site without approval from the concerned authorities and will be utilised only for agricultural purposes, the Court was inclined to grant relief.

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Ratio / Principle

The impugned refusal check slip is quashed; the parties are permitted to re-present the document, and it shall be registered and released subject to the fulfilment of the other usual formalities.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P(MD)No.21848 of 2025, G.R. Swaminathan J., 08.10.2025: The first petitioner's sale deed dated 29.07.2025 in favour of the second petitioner over property in Survey No.361/3A (12 1/2 cents / 0.05.06 Ares), Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District, was refused registration by the Sub Registrar, Radhapuram, citing the bar under Section 22A of the Registration Act, 1908 (Refusal Check Slip RFL/Radhapuram/39/2025 dated 29.7.2025). The second petitioner / purchaser (suo motu impleaded by order dated 08.10.2025) filed an affidavit undertaking to utilise the land only for agricultural purposes and to develop it or construct housing only after obtaining permission / approval from the competent authority. On the strength of that undertaking, the Court quashed the impugned refusal check slip, permitted the parties to re-present the document, directed that it be registered and released subject to the other usual formalities, and allowed the writ petition without costs.

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W.P(MD)No.21848 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.10.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.21848 of 2025

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1.Durairaj

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2.Aravindkumar

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(P.2 is suo motu impleaded vide order of this Court dated 08.10.2025) ... Petitioners

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Vs.

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The Sub Registrar, Radhapuram, Tirunelveli District.

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... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip in RFL/Radhapuram/39/2025 dated 29.7.2025 issued by the respondent and consequently direct the respondent to register the Sale Deed dated 29.07.2025 in respect of property comprised in Survey No.361/3A to an extent of 12 1/2 cents (0.05.06 Ares) at Samugarengapuram Village, Radhapuram Taluk, Tirunelveli District.

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

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W.P(MD)No.21848 of 2025

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For Petitioners : Mr.S.Vinayak For Respondent : Mr.D.Gandhiraj Special Government Pleader

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ORDER

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Heard both sides.

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2.The first petitioner executed a sale deed dated 29.07.2025 in favour of the second petitioner. The document was presented for registration. Citing the bar under Section 22A of the Registration Act, 1908 registration was refused. Challenging the same, this writ petition has been filed.

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3.The second petitioner / purchaser has filed an affidavit before this Court that he will utilise the petition mentioned land only for agricultural purposes and that he would develop the same or put up housing construction only after getting permission / approval from the competent authority. Since an undertaking has been given that the land conveyed to him will not be converted into a house site without approval from the concerned authorities, I am inclined to grant relief.

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2/4

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

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W.P(MD)No.21848 of 2025

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4.In this view of the matter, the impugned refusal check slip is

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quashed. The parties are permitted to re-present the document. It shall be registered and released subject to the fulfilment of the other usual formalities.

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5.This Writ Petition is allowed accordingly. No costs.

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08.10.2025

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

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Note: Issue order copy on 16.10.2025.

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The Sub Registrar, Radhapuram, Tirunelveli District.

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