S.Sumathi v. The Inspector General Of Registration Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. S.Sumathi D/o.R.Sengottaiyan, No.L71/1d,Koottapalli Colony,Koottapalli,Tiruchengode Taluk,Namakkal District 637214 Petitioner Vs

1. The Inspector General Of Registration Of Tamilnadu Santhome High Road, Chennai 28 2.The Sub Registrar Velachery Sub Registrar Office, Velachery, Chennai 600042 Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent relating to the issue of check slip dated 24.02.2025 issued by the 2nd respondent returning the Sale Deed dated 24.02.2025 executed in favour of the petitioner and presented by her for registration, without registration and quash the same and consequently direct the 2nd respondent to register the said document dated 24.02.

litigation and appropriate compensation to the petitioner within the time frame fixed by this Court.

For Petitioner : Mr.N.Subramaniyan For Respondents : Mr.U.Baranidharan, Special Government Pleader *****

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 24.02.2025 and for a consequential direction to the second respondent to register the sale deed dated 24.02.2025 and release the said document.

2. Heard Mr.N.Subramaniyan, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.

3. The case of the petitioner is that she wanted to purchase a small flat with a super built up area of 515 sq.ft. having a UDS of 300.317 sq.ft. in Vasanth Apartments, Velachery, Chennai. The sale consideration was agreed upon and it was paid and the sale deed dated 24.02.2025 was presented for registration before the second respondent. The second respondent refused to register the sale deed on the ground that 2/4

the property has been undervalued. The document was also returned to the petitioner stating that even if it has to be referred under Section 47-A of the Stamp Act, he must get the concurrence from the DIG of registration. Aggrieved by the same, the present writ petition has been filed before this Court.

4. In the considered view of this Court, the petitioner justifies the valuation of the property and has paid the necessary stamp duty. If it is acceptable, the document has to be registered. If it is not acceptable, the document has to be referred under Section 47-A of the Stamp Act. The third respondent cannot state that he will not take the document on file without getting the concurrence of the DIG of Registration. The said attitude on the part of the second respondent is unwarranted. It is also pertinent to take note of the circular issued by the Inspector General of Registration dated 12.07.2024 in this regard.

5. In the light of the above discussion, the impugned refusal check slip dated 24.02.2025 is hereby quashed and there shall be a direction to the second respondent to either register the sale deed, if it is N.ANAND VENKATESH, J 3/4

gm otherwise in order or on the other hand, if it is undervalued, to refer it under Section 47-A of the Stamp Act.

This writ petition is disposed of with the above direction. No costs.

25.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Inspector General Of Registration Of Tamilnadu Santhome High Road, Chennai 28 2.The Sub Registrar Velachery Sub Registrar Office, Velachery, Chennai 600042 4/4