Madras High Court
WA(MD)/1631/2026 of Arimuthu Vs The Sub Registrar on 4 November 2026
WA(MD) No. 1631 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04-11-2026
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
WA(MD) No. 1631 of 2026
CNR:{HCMD011393052026}
1. Arimuthu
2. Prabakaran
3. Subramani
4. Praveen Kumar
S/o. Ravikumar,
Rep through his wife/ Power agent,
Malathi
..Petitioner(s)
Vs
The Sub Registrar,
Radhapuram,
Radhapuram Taluk,
Tirunelveli District.
..Respondent(s)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.25526 of 2026 dated 07-09-2026.
For Petitioner(s)
:Mr.N.Vignesh
For Respondent(s)
:Mr.S.I.Muthiah, Additional
Government Pleader
WA(MD) No. 1631 of 2026
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JUDGMENT
(Judgment of the Court was delivered by P. VELMURUGAN J.) This appeal is against the order passed in W.P(MD)No.25526 of 2026 dated 07-09-2026.
2. The appellants/writ petitioners filed the said writ petition challenging the refusal check slip dated 10.08.2026 issued by the respondent, whereby the partition deed presented by the appellants had been refused to be registered on the ground that that they are not family members and there is no possibility of carrying on agricultural activities in the said property and that there is a possibility of converting the same into house sites only, and hence it is barred under Section 22-A(2) of the Registration Act, 1908 and accordingly directed the appellants to obtain approval from the DTCP.
3. The learned Single Judge Judge has passed the following order: “3. The Writ Petition stands disposed of in terms of the order passed by this Court in P.Chellakily vs. The Sub-Registrar, O/o. The Sub-Registrar, Kottaram, Agastheeswaram, Kanyakumari District – 629 703 [W.P. (MD) No.3111 of 2026, dated 28.04.2026], subject to the petitioner complying with the stipulations contained therein and including the words ‘Punja land’ in the description of the property. There shall be no order as to costs. W.M.P.(MD) No.19114 of 2026 stands ordered.”
WA(MD) No. 1631 of 2026
4. Since the appellants are not family members, the question of registering the partition deed does not arise. Further, though the appellants sought to register the agricultural lands, they divided the properties into 6, 4, 3 and 5 cents respectively and presented the documents for registration. As rightly stated by the Sub Registrar, agricultural activity cannot be carried on in those small pieces of lands, whereas, they can be used only for residential purpose and therefore, the Sub Registrar has rightly returned the documents to obtain DTCP approval. The learned Single Judge has concurred with the said refusal check slip. We do not find any infirmity in the impugned order.
5. Accordingly, the Writ Appeal is dismissed. No costs. (P.V.,J.) (K.K.R.K.,J.) 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No bala To The Sub Registrar, Radhapuram, Radhapuram Taluk, Tirunelveli District.
WA(MD) No. 1631 of 2026 P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. bala WA(MD) No. 1631 of 2026 04-11-2026