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2025 Supreme(Online)(Mad) 62229

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, Mohammed Shaffiq, JJ
The Sub Registrar Salem (West) – Appellant
Versus
D.Rajamanickam – Respondent


Advocates:
For the Appellants/Petitioners: Mr.U.Baranidharan
For the Respondents: Mrs.Radha Gopalan, Ms.Bhargavi Gopalan

(Order of the Court was made by S.M.Subramaniam J.)

Under assail is the writ order dated 01.07.2024 passed in W.P.No.426 of

2022.

2. The Sub Registrar, Salem (West) is the appellant before this Court.

The respondent filed writ proceedings challenging the refusal check slip dated 01.09.2021 issued by the appellant. Admittedly, the 1st respondent presented a settlement deed for registration in respect of the land measuring 3508 sq.ft, which is a house site. Further, it is not in dispute that the subject property is situated in a layout, wherein surrounding areas have already been registered as house sites. The Sub Registrar refused to register mainly on the ground that the appellant has not secured approval of house site from the competent authority, as mandated under Section 22A of the Registration Act (hereinafter referred to as the “Act”). The learned Single Judge, since allowed the writ petition, the present intra-court appeal came to be instituted.

3. The learned Special Government Pleader would submit that the interpretation of the Writ Court is running counter to the spirit of the amendment made under Section 22A of the Act. The purpose and object of Section 22A of the Act ha

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