Madras High Court
A.Malini vs The Sub Registrar on 23 April, 2025
W.P.(MD)No.10689 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD) No.10689 of 2025
A.Malini ... Petitioner
vs.
The Sub Registrar,
The Melur West Sub Registrar Office,
Melur,
Madurai District. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records relating to the impugned check slip RFL/Melur (West)15/2025
dated 02.04.2025 issued by the respondent herein and quash the
same and consequently directing the respondent herein to entertain
the Sale Deed, dated 01.04.2025 presented by the petitioner for
registration in TP/215303499/2025, dated 02.04.2025, within time
fixed by this Court.
For Petitioner :Ms.V.Moushica for
Mr.P.Saravanan
For Respondent :Mr.R.Suresh Kumar
Additional Government Pleader
1/7
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W.P.(MD)No.10689 of 2025
ORDER
The petitioner seeks for the following relief:-
“Writ of Certiorarified Mandamus, calling for the records
relating to the impugned check slip RFL/Melur (West)15/2025
dated 02.04.2025 issued by the respondent herein and quash
the same and consequently directing the respondent herein to
entertain the Sale Deed, dated 01.04.2025 presented by the
petitioner for registration in TP/215303499/2025, dated
02.04.2025, within time fixed by this Court.”
2.The property situated in S.No.214/3A, measuring an extent of
2 cents, situated at Vellanathapatti Extension, Melur Village, Melur
Taluk, Madurai District belonged to one Sheikdawood. The lands are
agricultural Nanja lands. The said Sheikdawood has purchased the
property on 26.03.2003 vide Doc.No.731/2003. He had alienated a
portion of the property in favour of one Ganimadhulla vide Doc.No.
595/2024 on 15.02.2024. The remaining extent of land was sought to
be purchased by the petitioner.
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3.The said Sheikdawood and the petitioner presented the sale
deed for registration on 02.04.2025. The respondent refused to
register the same citing Section 22A(2) of the Registration Act.
Challenging the same, the present writ petition.
4.I heard Ms.V.Moushica representing Mr.P.Saravanan for the
petitioner and Mr.R.Suresh Kumar, for the respondent.
5.The learned counsels reiterated the contentions based on the
affidavit and the impugned order respectively.
6.I have gone through the records. I heard the learned counsel
for the parties.
7.Section 22A(2) of the Registration Act applies only if an
agricultural land is converted into a residential housing plot and sold
as a plot without prior approval of the planning authorities. In the
case on hand, the alienation of the property is of Nanja lands. By the
very nature, it continues agricultural lands. Hence, Section 22A(2) is
inapplicable.
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8.Furthermore, Ms.V.Moushika has filed an undertaking
affidavit of the vendor, Sheikdawood and the vendee, Malini, which
states as follows:-
“Undertaking affidavit of the vendor, Sheikdawood:-
1.I hereby undertake that I would not and never construct
any building or house in the land in S.No.214/3A, to extend of 2
cents lands in Vellanathapatti extension, Melur Village, Melur
Taluk, Madurai District. In which. I am proposed to sell from its
lawful owner to the petitioner herein. I further undertake that I
would only do agricultural activities and various timely and
seasonal crops till date.
2.1 further undertake that till date the proposal for sell the
properties, we are never to be construct any building or house in
the said property. I undertake that such a building or house
would be constructed only after getting proper plan approvals
and necessary permission from the concerned government
authorities as per law.
Undertaking affidavit of the vendee, A.Malini:-
1.I hereby undertake that I would not and never construct
any building or house in the land in S.No.214/3A, to extend of 2
cents lands in Vellanathapatti extension, Melur Village, Melur
Taluk, Madurai District. In which. I am proposed to purchase
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from its lawful owner. I further undertake that I would only
carry on my agricultural and eak out my livelihood by raising
various timely and seasonal crops.
2.1 further undertake that if at all in the future, if I
venture to construct any building in the said property. I
undertake that such a building would be constructed only after
getting all necessary plan approvals and other permission from
the concerned government authorities as per law.”
9.Apart from the inapplicability of Section 22A(2) of the
Registration Act to the case, since the petitioner as well as her vendor
have given an undertaking to maintain the property as an agricultural
land and have stated that they will develop the land only after
obtaining appropriate permission, I am inclined to entertain this writ
petition. In any event, this field is covered by a judgment of this Court
in D.Rajamanickam Vs. The Sub Registrar, Salem (West), Salem,
W.P.No.426 of 2022, dated 01.07.2024.
10.In the light of the above discussion, the Writ Petition is
allowed. The impugned order is quashed. There shall be a direction to
the respondent to register the sale deed presented by Sheikdawood in
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favour of the petitioner within a period of two weeks from the date of
uploading of a copy of this order in the web-site of this Court. No
costs.
Index :Yes / No 23.04.2025
Internet :Yes / No
To
The Sub Registrar,
The Melur West Sub Registrar Office,
Melur,
Madurai District.
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V. LAKSHMINARAYANAN, J.
mm
23.04.2025
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