SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 20967

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Kennady Raja – Appellant
Versus
The District Registrar, Kanyakumari District, Kanyakumari – Respondent
Writ Petition | W.M.P.(MD)No.4571 of 2026



Advocates:
For the Appellant: Mr.I.Pinaygash
For the Respondents: Mr.M.Lingadurai, Spl. Govt. Pleader

The previous registration of part of the property precludes the application of Section 22A, necessitating the current deed's registration.

Headnote:This writ petition is filed under Article 226 of the Constitution of India challenging the refusal of registration of a sale deed by the second respondent based on Section 22A of the Registration Act, 1908. The petitioner contends that a portion of the property was previously registered, indicating that no bar exists under Section 22A. The Court agrees, stating that the previous sale registration allows for the current deed's registration despite the respondents' initial refusal. The impugned order is set aside and the respondents are directed to register the sale deed forthwith. There shall be no order as to costs.

Table of Content
1. judicial review of registration refusal under article 226. (Para 1 , 2 , 3)
2. arguments regarding registration bar under section 22a. (Para 4)
3. court's conclusion and directive regarding registration. (Para 6)

O R D E R

This Writ Petition is filed challenging the impugned refusal Check Slip in RFL/Kottaram/19/2026 dated 19.02.2026 on the file of the 2nd respondent and also seeking for a consequential direction, directing the 2nd respondent to register the sale deed dated 16.02.2026 in respect of the Property comprised in Old Survey No. 28/2 and New Survey No. 28/11, in patta No.10012 in an extent of 20 cents, situated at Leepuram Village, Agastheeswaram Taluk, Kanyakumari District within the time stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The grievance of the petitioner is that when the petitioner presented a sale deed for registration, the same was refused to be registered on the ground that there is a bar under Section22A of the Registration Act, 1908. Challenging the same, the petitioner has filed this Writ Petition.

4. The learned counsel appearing for the petitioner would submit that the petitioner's vendor originally owned a total extent of 36 cents, out of which 20 cents were sold in the year 2023, which document was duly registered by the very same Sub Registrar. After registering the said document, the respondent refused to register the sale deed presented by the petitioner, citing a bar under Section 22A of the Registration Act, 1908. Therefore, the impugned order is liable to be set aside. 5. The learned Special Government Pleader appearing for the respondents would fairly submit that since a portion of the subject property was sold in the year 2023, the bar under Section 22A would not arise.

6. Considering the facts and circumstances of the case and as rightly submitted by the learned counsel appearing on either side, since a portion of the subject property was sold in the year 2023, the bar under Section 22A would not arise. Therefore, this Court finds no impediment for the second respondent to register the same. Hence, the impugned order is liable to be set aside.

7. Accordingly, the impugned order is liable to be set aside.

The petitioner is directed to represent the sale deed before the 2nd respondent. Upon receipt of the same, the 2nd respondent is directed to register the same forthwith.

8. With the above observation, this Writ Petition is allowed.

There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top