W.P.(MD).No.4925 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025 CORAM THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.(MD).No.4925 of 2025 Selvi .. Petitioner Vs. The Sub-Registrar, Melur East, Madurai District. .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for the records relating to the Impugned Refusal Check Slip No.RFL/Melur East/12/2025 dated 31.01.2025, on the file of the respondent and quash the same as illegal and consequently directing the respondent to register the petitioner's sale deed dated 29.01.2025 in accordance with law within the period that may be stipulated by this Court. For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.R.Suresh Kumar Additional Government Pleader ORDER This Writ Petition is filed challenging the impugned Refusal Check Slip No.RFL/Melur East/12/2025 dated 31.01.2025, on the file of the respondent and consequently, to direct the respondent to register the https://www.mhc.tn.gov.in/judis W.P.(MD).No.4925 of 2025 petitioner's sale deed dated 29.01.2025 in accordance with law within the period that may be stipulated by this Court. 2. The petitioner is the owner of the property situated in Survey No.575/12A2 at Navinipatti Village, Melur Taluk, Madurai District. She had obtained the same by way of a registered sale deed in Document No.818/2018 on 21.02.2018. The said document is registered on the file of the Sub Registrar at Melur. The petitioner urges that the property is classified as a nanja land and continues to be used as a nanja land. 3. The petitioner had executed a sale deed on 29.01.2025 in favour of one Abdul Kadhar. When it was presented for registration, the respondent refused to register the same and issued the impugned refusal check slip. The respondent invoked Section 22-A(2) of the Registration Act to return the said document. Challenging the same, the present Writ Petition. 4. When the Writ Petition came up for admission, I pointed out to Mr.S.Saravana Kumar for the petitioner that though he claims that the property is a nanja land, in the copy of the sale deed that had been presented before this Court, it had only been classified as a 'kid'. Mr.Saravana Kumar stated that it was a mistake at the time of drafting the sale deed. The petitioner and the purchaser have no intention of converting https://www.mhc.tn.gov.in/judis W.P.(MD).No.4925 of 2025 the nanja land into housing plot and that in case they decide to do so, they will get permission from the appropriate authorities. In order to enable the writ petitioner and the purchaser to correct the error, I adjourned the matter. 5. Today, when the matter is taken up for hearing, Mr.Saravana Kumar states that a fresh sale deed dated 01.03.2025 was executed showing the property as a nanja land and re-presented before the respondent. It was returned citing the pendency of this Writ Petition. 6. In addition, Mr.Saravana Kumar has filed the affidavits of undertaking of the petitioner as well as of the purchaser to the effect that the nanja land will be retained only as nanja land and that it will not be converted into housing plot without permission from the competent authority. The relevant portion of the affidavits of undertaking is extracted hereunder: (i) Affidavit of Selvi/Vendor: “I submit that we have re-presented the said sale deed by correcting the schedule of property as mentioned in the sale deed dated 21.02.2018 before the respondent herein, as per the direction of this Hon'ble court, but it was not accepted by the 2nd respondent without order of this Hon'ble court. I further submit that I have informed the purchaser that the schedule property in the sale deed is classified as Nanja dry Land and it was unapproved one and https://www.mhc.tn.gov.in/judis W.P.(MD).No.4925 of 2025 same was accepted by the said purchaser Abdul Kadhar. I hereby undertaking before this Hon'ble court that I have not suppressing anything over the said property to the said Vendor and I will execute the sale deed as according in my sale deed dated 21.02.2018.” (ii) Affidavit of Abdul Kadhar/Purchaser: “I submit that we have re-presented the said sale deed by correcting the schedule of property as mentioned in the sale deed dated 21.02.2018 before the respondent herein, as per the direction of this Hon'ble court, but it was not accepted by the 2nd respondent without order of this Hon'ble court. I further submit that I am having knowledge about the schedule property is Nanja Dry land and I hereby undertaking before this Hon'ble court that I will not convert the said subject property from Naja Dry land to house site plot without getting proper approval from competent authority.” 7. I heard Mr.S.Saravana Kumar for the petitioner and Mr.R.Suresh Kumar for the respondent. 8. Section 22-A(2) of the Registration Act would apply only if agricultural land is converted into housing plot without the approval of the competent authority. In this case, the petitioner states that the property in Survey No.575/12A2, which is the subject matter of the Writ Petition, is a nanja land and the transfer of the property is also as nanja land. If that be the situation, Section 22-A(2) will not apply. Furthermore, in the light of the https://www.mhc.tn.gov.in/judis W.P.(MD).No.4925 of 2025 affidavits of undertaking that have been filed by the vendor and the purchaser that the character of the land as a nanja land would be retained by them and they will not develop the property without getting permission from the competent authority, I am inclined to interfere with the impugned order. Accordingly, the impugned order is quashed. There shall be a direction to the respondent to register the sale deed executed by the petitioner in favour of Mr.Abdul Kadhar on 01.03.2025 within a period of two (2) weeks from the date of receipt of a copy of this order. 9. This Writ Petition is allowed in the above terms. There shall be no order as to costs. 28.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To The Sub-Registrar, Melur East, Madurai District. https://www.mhc.tn.gov.in/judis W.P.(MD).No.4925 of 2025 V.LAKSHMINARAYANAN,J. Lm W.P.(MD).No.4925 of 2025 28.03.2025 https://www.mhc.tn.gov.in/judis