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2026 DAILYLAW 61729 (MAD)

Ponmari v. The Sub Registrar,

WP(MD)/23628/2026 · 2026-08-17

C Saravanan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(MD) No. 23628 of 2026 __________ Page1 of 5 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-08-2026 CORAM THE HON'BLE MR JUSTICE C. SARAVANAN WP(MD) No. 23628 of 2026 1. Ponmari W/o. Late Muthumuniyandi, Door No.1/427A, NGO Colony, Sengamalanachiyarpuram, Thiruthangal, Sivakasi Taluk, Virudhunagar District. 2. Munivarajan, S/o. Late Muthumuniyandi, Door No.1/427A, NGO Colony, Sengamalanachiyarpuram, Thiruthangal, Sivakasi Taluk, Virudhunagar District. 3. Vinoth, S/o. Late Muthumuniyandi, Door No.1/427A, NGO Colony, Sengamalanachiyarpuram, Thiruthangal, Sivakasi Taluk, Virudhunagar District. ..Petitioner(s) Vs 1. The Sub Registrar, Office of the Sub-Registrar, M.Reddiyapatti, Virudhunagar District. 2. The District Collector, Virudhunagar District, Virudhunagar ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMUS or calling for the records relating to the impugned Refusal Check Slip passed by the 1st respondent in Refusal No. RFL/M.Reddiyapatti/20/2026 dated 28.07.2026 and https://www.mhc.tn.gov.in/judis WP(MD) No. 23628 of 2026 __________ Page2 of 5 quash the same as illegal, arbitrary and without jurisdiction consequently direct the 1st respondent to register the Gift Settlement Deed presented by the petitioners dated 24.07.2026 executed in favour of the Government of Tamil Nadu represented by the District Collector, Virudhunagar in accordance with law and within such time as may be fixed by this Hon’ble Court and pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner(s): Mr.M.Gangatharan For Respondent(s): Mr.R.Parthiban Special Government Pleader ORDER The writ petition is disposed of after hearing the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. 2. It is the case of the petitioners that the Gift Deed executed by them in favour of the second respondent / District Collector on 28.07.2026 was returned with a direction to obtain permission from the Block Development Officer, the President of the concerned Village Panchayat, and an advice and plan from the Directorate of Town and Country Planning. 3. The learned counsel for the petitioners would submit that the Gift Deed relates to more than 150 plots laid out by the late husband of the first petitioner, namely, Muthumuniyandi, between 2012 and 2016, prior to his demise, and that the gifting of the land for road purposes ought not to be a impediment. https://www.mhc.tn.gov.in/judis WP(MD) No. 23628 of 2026 __________ Page3 of 5 4. The learned Special Government Pleader appearing for the respondents, on the other hand, would submit that the petitioners have not produced the details relating to the registration of the plots prior to 2016, which is the cut-off date prescribed under Section 22-A(2) of the Registration Act, 1908. 5. The learned Special Government Pleader would further submit that, in the event the petitioners are able to produce documents pertaining to the plot numbers referred to in the description of the Gift Deed, evidencing prior sale before the cut-off date, the Gift Deed would be registered. Otherwise, the petitioners would have to comply with the requirements of law. 6. Recording the above submission, the writ petition stands disposed of by remitting the matter to the first respondent to pass fresh orders, taking into consideration the impugned order, subject to the petitioners complying with the reasonable requirement of the first respondent by producing the necessary documents to establish prior sale before the cut-off date in respect of the plots adjoining the common area sought to be gifted to the District Collector, as shown in the boundaries to the Gift Deed. There shall be no order as to costs. 17-08-2026 Index: Yes/No Speaking/Non-speaking order (2/2) Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis WP(MD) No. 23628 of 2026 __________ Page4 of 5 To 1. The Sub Registrar, Office of the Sub-Registrar, M.Reddiyapatti, Virudhunagar District. 2. The District Collector, Virudhunagar District, Virudhunagar https://www.mhc.tn.gov.in/judis WP(MD) No. 23628 of 2026 __________ Page5 of 5 C.SARAVANAN, J. smn2 WP(MD) No. 23628 of 2026 17-08-2026 (2/2) https://www.mhc.tn.gov.in/judis