Madras High Court
Thirunavukkarasu vs The District Registrar (Admin) on 19 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.19719 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.19719 of 2024
Thirunavukkarasu .. Petitioner
Vs.
1.The District Registrar (Admin),
District Registrar Office,
Cheranmahadevi,
Tirunelveli District.
2.The Sub Registrar,
Kadayam Sub Registrar Office,
Tenkasi District. ... Respondents
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 pertaining to the impugned refusal check slip in
Refusal Number RFL/Kadayam/41/2024 dated 09.08.2024 was issued by
the second respondent and quash the same as illegal and consequently
direct the second respondent to register the petitioner's sale deed dated
08.08.2024 in respect of the two items of scheduled properties in Ayan
Punjai Sy.No.108/1 in respect of total extent of 2.69 cents out of 2 ares
(5 cents) from the total extent of 12 ares south eastern side situated at
Ayanpottalpudur Village, Kadayam Sub Registration Circle,
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W.P.(MD)No.19719 of 2024
Cheranmahadevi Registration District within a stipulated period as frmed
by this Court.
For Petitioner : Mr.A.Sankararamasubramanian
For Respondents : Mr.M.Siddarthan
Additional Government Pleader
ORDER
This writ petition has been filed challenging the impugned refusal check slip in Refusal Number RFL/Kadayam/41/2024 dated 09.08.2024 issued by the second respondent with consequential direction to the second respondent to register the petitioner's sale deed dated 08.08.2024 in respect of the two items of scheduled properties in Ayan Punjai Sy.No. 108/1 in respect of total extent of 2.69 cents out of 2 ares (5 cents) from the total extent of 12 ares south eastern side situated at Ayanpottalpudur Village, Kadayam Sub Registration Circle, Cheranmahadevi Registration District.
2. Heard Mr.A.Sankararamasubramanian, learned counsel appearing for the petitioner and Mr.M.Siddarthan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. Page No.2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19719 of 2024
3. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.
4. It is the case of the petitioner that he purchased two items of properties in respect of total extent of 2.69 cents out of 2 ares (5 cents) from the total extent of 12 ares south eastern side in Ayan Punjai Sy.No. 108/1 from one Kotheri Mohideen for valuable consideration through sale deed dated 08.08.2024 and in the second item of the scheduled in the said sale deed, the house has been constructed by the petitioner's vendor also mentioned. When the said sale deed dated 08.08.2024 was presented for registration, the same has been refused by the second respondent on the ground that it is an unapproved layout. Challenging the same, the writ petition has been filed.
5. It is relevant to note that the issue has already been covered in the case of D.Rajamanickam Vs. The Sub Registrar, Salem (West) in W.P.No.426 of 2022, merely because when the person purchased the property along with house, which cannot be presumed that vacant site is always unapproved layout. It is for the planning authority to decide Page No.3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.19719 of 2024 whether permission should be given or not, to that land for construction in future. Therefore, any land, which was purchased along with existing building, such vacant land cannot be always treated as unapproved layout. As held in the aforesaid case, the land can be used for any purpose, ofcourse not even for construction of building, it is prerogative of the owner to keep or use the land for various other purpose. Therefore, under the pretext of impugned order, that cannot be denied to enjoy the rights over the land.
In view of the above, the impugned refusal slip cannot be sustained in the eye of law.
6. Accordingly, this Writ Petition is allowed and the impugned Refusal Check Slip in Refusal Number RFL/Kadayam/41/2024, dated 09.08.2024, of the second respondent is quashed and the second respondent is directed to register the sale deed dated 08.08.2024 presented by the petitioner within a period of fifteen days from the date of receipt of a copy of this Order. No costs.
19.08.2024
Index : Yes / No
NCC : Yes / No
Rmk
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W.P.(MD)No.19719 of 2024
To
1.The District Registrar (Admin),
District Registrar Office,
Cheranmahadevi,
Tirunelveli District.
2.The Sub Registrar,
Kadayam Sub Registrar Office,
Tenkasi District.
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W.P.(MD)No.19719 of 2024
N.SATHISH KUMAR, J.
Rmk
W.P.(MD)No.19719 of 2024
19.08.2024
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