Sahaya Sharmi v. The Sub Registrar

ORDER The petitioner has approached this Court challenging the impugned Refusal Slip dated 23.06.2026 bearing Reference No. Page No. 1 of 6 RFL/Kottaram/176/2026, issued by the respondent, whereby the respondent declined to register the sale deed dated 23.06.2026 executed in favour of the petitioner in respect of the purchase of 22 cents of land out of 58 cents and 340 square links comprised in Survey No.209/2A1, Leepuram Village, Agasteeswaram Taluk, Kanyakumari District.

¶2The reason assigned for the issuance of the impugned Refusal Slip reads as follows: Page No. 2 of 6

¶3The learned counsel for the petitioner submitted that the petitioner is purchasing the subject property solely for agricultural purposes and has no intention of converting its use for any other purpose. It is further submitted that, if at any point of time, the petitioner proposes to utilize the property for residential or housing purposes, the petitioner shall obtain the necessary permission from the competent Local Body and other authorities concerned, in accordance with law.

¶4It is further submitted that, under similar circumstances, this Court, having regard to the right guaranteed under Article 300A of the Page No. 3 of 6 Constitution of India, recognized the rights of the similarly placed person in Senthil Murugan v. The Sub Registrar, Valliyoor [W.P.(MD) No. 13984 of 2026, dated 30.04.2026], wherein this Court directed the petitioner therein to execute an affidavit in the following terms: ''I undertake not to use the property as a residential/commercial site or such other change of user, unless due permission is obtained from the planning authority. Without due approval, I will not develop the site by changing its use, and will not put up any residential or commercial building. I am aware that I may be liable to punishment for contempt of Court for violating this undertaking. I am also aware that I will not be entitled to claim electricity connection or water, sewerage, and other connections or services from the local authority or any other authority unless due conversion is made as per the permission of the planning authority.''

¶5Since the right to have the document registered has already been recognized by this Court, I find no reason to take a different view in the present case. Accordingly, the respondent is directed to register the sale deed presented by the petitioner, subject to the petitioner executing an affidavit in the format extracted above. The petitioner shall also make suitable alternation in the description of the property in the document.

¶6The respondent shall also intimate this order to the concerned Local Body, the jurisdictional Assistant Engineer, TANGEDCO, and all Page No. 4 of 6 other competent authorities, to ensure that no approval, water connection, electricity service connection, or any other civic amenity intended for residential or housing purposes is granted in respect of the property mentioned in the petition, unless the petitioner obtains the requisite permissions in accordance with law.

¶7The petitioner shall also suitably amend the description of the property in the proposed sale deed by specifically describing it as an agricultural property and not as a house property.

¶8Accordingly, the Writ Petition stands allowed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. NCC : Yes / No

01.07.2026 smn2

To The Sub Registrar, Registration Department, Office of the Sub-Registrar, Kottaram, Kanniyakumari District. Page No. 5 of 6 C.SARAVANAN

, J.

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01.07.2026 Page No. 6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2026 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.18325 of 2026 and W.M.P.(MD)No.13555 of 2026 Sahaya Sharmi ... Petitioner Vs. The Sub Registrar, Registration Department, Office of the Sub-Registrar, Kottaram, Kanniyakumari District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certioarified Mandamus, calling for the records pertaining to the impugned Refusal Check Slip under RFL/Kottaram/176/2026 dated 23.06.2026 issued by the respondent and quash the same and to direct the respondent to register the Sale Deed dated 23.06.2026 in respect of the Eastern 22 Cents (0.08.91 Ares) out of the said 58 Cents 340 Sq Links, comprised in Survey No.209/2A1, Leepuram Village, Agasteeswaram Taluk and Kanniyakumari District, within a time frame as may be fixed by this Court. For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondent : Ms.P.Sudarkodi Natchiyar Government Standing Counsel