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2026 DAILYLAW 56459 (MAD)

T.Thusnavis Mary v. The Sub Registrar

WP(MD)/20985/2026 · 2026-07-24

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD) No. 20985 of 2026 __________ Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP(MD) No. 20985 of 2026 T.Thusnavis Mary W/o.Thilagaraj, 5/130-6, Kovil Street, Sirupadu, Kumaragiri Village, Thoothukudi District. ..Petitioner(s) Vs The Sub Registrar Pudukottai, Thoothukudi District. ..Respondent(s) Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for records relating to the impugned refusal check slip in RFL/Pudukottai/65/2026 dated 16.03.2026 and quash the same and consequently direct the respondent to register the Sale Deed dated 16.03.2026 executed in favour of the petitioner within the time fixed by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.N.Pragalathan For Respondent(s): Ms.P.Sudarkodi Natchiyar Counsel for the State of Tamil Nadu https://www.mhc.tn.gov.in/judis WP(MD) No. 20985 of 2026 __________ Page2 of 5 ORDER This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned Refusal Check Slip dated 16.03.2026 issued by the respondent and consequently, direct the respondent to register the Sale Deed dated 16.03.2026 executed by one Rayappan in favour of the petitioner. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent. With the consent of both sides, the Writ Petition is taken up for disposal at the stage of admission. 3. The petitioner has challenged the impugned Refusal Check Slip, whereby the respondent refused to register the Sale Deed presented by the petitioner on the ground that the subject property forms part of an unapproved layout and directed the petitioner to obtain the necessary approval from the competent authorities before presenting the document for registration. 4. According to the petitioner, the property proposed to be purchased from one S.Rayappan is an agricultural vacant land and the purchase is also intended exclusively for agricultural purposes. It is therefore contended that the respondent was not justified in refusing registration merely on the ground that the property forms part of an unapproved layout. https://www.mhc.tn.gov.in/judis WP(MD) No. 20985 of 2026 __________ Page3 of 5 5. The issue is no longer res integra. This Court, in Ramaprabha Vs. The Sub Registrar, Kottaram Sub Registrar Office, Kanyakumari District in W.P.(MD) No.14197 of 2026, dated 21.05.2026, following the earlier order passed in W.P.(MD) No.3111 of 2026, dated 28.04.2026, has held that refusal of registration solely on the ground that the property forms part of an unapproved layout cannot be sustained, subject to appropriate safeguards regarding the future use of the land. The relevant portion of the said order reads as under:- “5.In view of the fact that the issue raised in the present writ petition is squarely covered by the decision of this Court in W.P.(MD) No.3111 of 2026 dated 28.04.2026 and following the ratio laid down therein as extracted above, this Court is of the considered view that the impugned refusal check slip dated 07.05.2026 cannot be sustained and is liable to be set aside. 6.Needless to state that, while presenting the document for registration, the petitioner shall also make corrections with reference to the term “Puriyadam” and describe it as punjai land or nanjai land, as the case may be. 7.Accordingly, the impugned refusal check slip dated 07.05.2026 is set aside and the writ petition is allowed in terms of the order dated 28.04.2026. No costs.” 6. In the light of the above settled position, the impugned Refusal Check Slip dated 16.03.2026 is liable to be set aside. However, before registering the document, the respondent shall obtain an affidavit from the petitioner undertaking that the nature and usage of the land shall not be altered and that the property shall continue to be used only for agricultural purposes, unless the petitioner obtains the necessary statutory approvals from the competent authorities in accordance with law. https://www.mhc.tn.gov.in/judis WP(MD) No. 20985 of 2026 __________ Page4 of 5 7. Upon furnishing such an affidavit, the respondent shall receive and register the Sale Deed, if it is otherwise in order and complies with the provisions of the Registration Act and the Rules made thereunder. 8. It is further made clear that the respondent shall communicate the contents of the affidavit to the concerned statutory and local authorities. No permission for change of land use, construction, water supply, electricity service connection or any other development activity shall be granted except in accordance with the applicable statutory provisions and after obtaining all requisite approvals from the competent authorities. 9. With the above directions, the Writ Petition stands disposed of. No costs. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No smn2 To The Sub Registrar Pudukottai, Thoothukudi District. https://www.mhc.tn.gov.in/judis WP(MD) No. 20985 of 2026 __________ Page5 of 5 M.DHANDAPANI, J. smn2 WP(MD) No. 20985 of 2026 24-07-2026 https://www.mhc.tn.gov.in/judis