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S.Murugan v. The Sub-Registrar

Madras HC22 Jan 2026WP(MD)/1365/2026

Case brief

AI extract

What is this about?

Registration — refusal check slip — Sub-Registrar, Melapalayam, Tirunelveli — bar under Section 22(A)(2) of the Registration Act, 1908 (printed as Section 24A(2) in operative paragraph) — punja/agricultural land sold as agricultural land — no question of forming layout or treating as plot — refusal without application of mind — sale deed dated 24.12.2025 for 30.35 cents — writ of certiorarified mandamus — direction to register deed forthwith — W.P.(MD) No.1365 of 2026 — Madurai Bench of Madras High Court — Krishnan Ramasamy, J. — allowed, no costs.

What did the court decide?

Impugned refusal check slip dated 08.01.2026 set aside; 1st petitioner directed to re-present the sale deed before the respondent and the respondent directed to register the same forthwith in accordance with law; no order as to costs. ¶37

S.Murugan Vs The Sub-Registrar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal to register the sale deed dated 24.12.2025, on the ground that there is a bar under Section 22(A)(2) of the Registration Act, 1908, is sustainable where the property conveyed is punja/agricultural land sold as agricultural land

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Court's answer

When agricultural land is sold as agricultural land, the question of forming layout and treating the same as a plot will not arise, and consequently there is no bar under the cited provision of the Registration Act, 1908 (printed in the operative paragraph as Section 24A(2); elsewhere referred to as Section 22(A)(2)/22A(2))

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Ratio / Principle

The impugned refusal order was passed without application of mind and is therefore liable to be set aside

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Key takeaways

The respondent Sub-Registrar is directed to register the sale deed upon its representation by the 1st petitioner, forthwith in accordance with lawratio¶36

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution of India (certiorarified mandamus) by vendor and vendee challenging a refusal check slip (RFL/Melapalayam/16/2026, dated 08.01.2026) issued by the Sub-Registrar, Melapalayam, Tirunelveli refusing registration of a sale deed dated 24.12.2025 conveying 30.35 cents out of 55 cents by the 1st petitioner to the 2nd petitioner, on the ground of a bar under Section 22(A)(2) of the Registration Act, 1908. Held (Krishnan Ramasamy, J.): where agricultural (punja) land is sold as agricultural land, the question of forming a layout and treating the land as a plot does not arise, and the statutory bar is not attracted; the impugned refusal was passed without application of mind. The refusal check slip was set aside; the 1st petitioner was directed to re-present the sale deed and the Sub-Registrar to register it forthwith in accordance with law. Writ petition allowed; no order as to costs. (Note: the operative paragraph prints the provision as 'Section 24A(2)' of the Registration Act, 1908 and the re-presentation date as '24.10.2025', whereas the refusal and the prayer refer to 'Section 22(A)(2)' and a sale deed dated '24.12.2025'; all recorded as printed.)

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W.P.(MD) No.1365 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.01.2026

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CORAM

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THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

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W.P.(MD)No.1365 of 2026

1.S.Murugan

2.V.Sudalaimuthu

... Petitioners

The Sub-Registrar, Melapalayam, Tirunelveli. ... Respondent

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip of the respondent in RFL/Melapalayam/16/2026, dated 08.01.2026 and quash the same and consequently direct the respondent to register the sale deed dated 24.12.2025 executed by the 1^st petitioner in favour of the 2^nd petitioner and release the same within the time frame fixed by this Court.

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For Petitioners : Mr.H.Arumugam For Respondent : Mr.M.Lingadurai, Spl.Govt. Pleader

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

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W.P.(MD) No.1365 of 2026

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O R D E R

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This Writ Petition is filed challenging the impugned refusal

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check slip issued by the respondent in RFL/Melapalayam/16/2026, dated 08.01.2026 and seeking for a consequential direction, to direct the respondent to register the sale deed dated 24.12.2025 executed by the 1^st petitioner in favour of the 2^nd petitioner and release the same within the time frame fixed by this Court.

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2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

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3. It is the case of the petitioner that the 1^st petitioner sold 30.35 cents out of 55 cents to the 2^nd petitioner and executed a sale deed on 24.12.2025. When the said sale deed was presented for registration, the same was refused to be registered on the ground that there is a bar under Section 22(A)(2) of the Registration Act, 1908 and directed the 1^st petitioner to obtain approval. Challenging the same, the petitioner has filed this Writ Petition.

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

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W.P.(MD) No.1365 of 2026

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4. The learned counsel appearing for the petitioner would

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submitted that the 1^st petitioner has purchased the property as punja land and nearby the subject land, no plot is available. Therefore, the question of bar under Section 22A(2) of the Registration Act, 1908 will not come into picture. The learned counsel for the petitioner has referred a communication of the Inspector General of Registration dated 18.03.2020 in this regard.

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5. The learned Special Government Pleader appearing for

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the respondent would submit that the subject property is a vacant land and therefore, the respondent has refused to register the same. Hence, he prays for dismissal of this Writ Petition.

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6. Heard the learned counsel appearing on either side and perused the materials available on record.

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7. On a perusal of the records, it is seen that the 1^st petitioner intended to sell 30.35 cents out of 55 cents to the 2^nd petitioner.

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When an agricultural land is sold as agricultural land, the question of forming layout and treating the same as plot will not come into picture.

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

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W.P.(MD) No.1365 of 2026

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Therefore, there is no question of bar under Section 24A(2) of the Registration Act, 1908. In view of the same, this Court is of the considered view that the impugned order is passed without application of mind and therefore, the same is liable to be set aside.

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8. Accordingly, the impugned refusal check slip issued by the respondent dated 08.01.2026 is set aside. The 1^st petitioner is directed to represent the sale deed dated 24.10.2025 before the respondent and upon representation, the respondent is directed to register the same forthwith in accordance with law.

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9. With the above observations, this Writ Petition is allowed.

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There shall be no order as to costs.

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22.01.2026

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vsm Index : Yes/No NCC : Yes/No

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