Charles Binu Christin Vs The Sub Registrar

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W.P.(MD) Nos.18079 & 18083 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 29.06.2026

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CORAM

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THE HON'BLE MR.JUSTICE C.SARAVANAN

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W.P.(MD) Nos.18079 & 18083 of 2026

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Charles Binu Christin Through his Power Agent, Alphonse ... Petitioner in W.P. (MD) No.18079 / 26 Kanagavalli ... Petitioner in W.P. (MD) No.18083 / 26

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Vs.

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The Sub Registrar, Registration Department, Office of the Sub-Registrar, Kottaram, Kanniyakumari District. ... Respondent in both W.Ps.

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Prayer in W.P.(MD) No.18079 of 2026 : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check slip under RFL/Kottaram/174/2026 dated 23.06.2026 issued by the respondent and quash the same and to direct the respondent to register the Sale Deed dated 23.06.2026, in respect of the of 6 Cents (243 sq.m.) of

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

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W.P.(MD) Nos.18079 & 18083 of 2026

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lands comprised in Survey No.517/1A, Kovalam Village, Agastheeswaram Taluk and Kanyakumari District, within a time frame as may be fixed by this Court.

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Prayer in W.P.(MD) No.18083 of 2026 : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check slip under RFL/Kottaram/175/2026 dated 23.06.2026 issued by the respondent and quash the same and to direct the respondent to register the Sale Deed dated 23.06.2026, in respect of the of 5 Cents (202.35 sq.m.) of lands comprised in Survey No.517/1A, Kovalam Village, Agastheeswaram Taluk and Kanyakumari District, within a time frame as may be fixed by this Court.

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For Petitioner in both W.Ps. : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondent in both W.Ps. : Mr.S.Venkatesh Counsel for Government of Tamilnadu

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C O M M O N O R D E R

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By this common order, both these Writ Petitions are being

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disposed of.

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Page No. 2 of 6

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

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W.P.(MD) Nos.18079 & 18083 of 2026

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In these Writ Petitions, the respective petitioners have challenged

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the impugned Refusal Check Slips, both dated 23.06.2026, whereby the registering authority declined to register the sale deeds executed by the petitioners' vendor.

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The property, measuring an extent of 45 cents, originally belonged to one Rajapushpam, W/o.Y.Singaraya Nadar, who settled the property in favour of her three sons, namely, Y.S.Thomas, Y.S.Anthony and Y.S.Rajaendran, vide separate Settlement Deeds, all dated 02.02.2007, registered as Document Nos.374, 375 and 376 of 2007, respectively. Under the said Settlement Deeds, approximately 32½ cents were conveyed to each of her sons. Thereafter, Y.S.Anthony, by a Will registered as Document No.99 of 2021, bequeathed his share in favour of his two brothers, namely, Y.S.Thomas and Y.S.Rajaendran, who, thereafter, jointly conveyed 6 cents and 5 cents, respectively, in favour of the petitioners through their Power Agent, Swamy Dhas.

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The office of the Sub-Registrar, namely, the respondent herein,

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issued the impugned Refusal Check Slips declining to register the sale deeds purportedly in view of Section 22-A of the Registration Act, 1908,

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

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W.P.(MD) Nos.18079 & 18083 of 2026

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as inserted by Tamil Nadu Act No.28 of 2012, dated 21.06.2012, with effect from 20.10.2016 and in the light of the judgments of the Division Bench of the Principal Bench of this Court in W.A. No.3192 of 2024, dated 06.10.2025 and the Division Bench of this Court in W.A.(MD) No. 1156 of 2025, dated 16.07.2025, taking note of the unregulated registration of agricultural lands and their conversion into housing plots.

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A reading of the proviso to Section 22-A(2) of the Registration Act, 1908 makes it clear that house sites, even without such permission, may be registered if it is shown that the same has previously been registered as a house site. The Settlement Deeds, all dated 02.02.2007, registered as Document Nos.374, 375 and 376 of 2007, executed by Rajapushpam in favour of her sons, clearly indicate that the property had already been registered as house property (kid). A portion of the said property is now being conveyed to the respective petitioners.

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Considering the above, I find no merit in the impugned Refusal Check Slips. Accordingly, the impugned Refusal Check Slips, both dated 23.06.2026, are set aside. If at all there is any leakage of revenue, it is for the Government to take appropriate steps to amend Section 22-A of the

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

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W.P.(MD) Nos.18079 & 18083 of 2026

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Registration Act, 1908, as applicable to the State of Tamil Nadu, so as to further plug the leakage of revenue arising out of similar transactions.

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