Saraswathy v. The Sub - Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.09.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P No. 24574 of 2019 and WMP.No. 24249 of 2019 Saraswathy ..Petitioner Vs
1. The Sub Registrar Thiruvotriyur Sub Registry Thiruvotriyur, Thiruvallur District.
2.The District Revenue Officer (Stamps) Collectorate 5th Floor, Singaravelar Maaligai, No. 32, Rajaji Salai, Chennai-1.
..Respondents Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the 2nd respondent in connection with the impugned order passed in Na.Ka.No. 154/12/A4 dated 10.06.2019 and quash the same.
For Petitioner : Mr.S.Sivakumar For Respondents : Mr. U. Baranidharan, Spl.GP
O R D E R
Writ petition has been filed challenging the impugned order passed by the 2nd respondent in Na.Ka.No. 154/12/A4 dated 10.06.2019, thereby called upon the petitioner to appear for the enquiry to be held on 17.06.2019.
2. The petitioner purchased a property situated at Vallur Village, Ponneri Taluk, Thiruvallur District, measuring about 17,703 sq.ft., in the year 2012 and presented the sale deed for registration, which was assigned as Document No. 4936 of 2012. The 1st respondent did not release the said document on the ground that the property was undervalued. After a period of seven years, the 1st respondent referred the said document to the 2nd respondent for adjudication under Section 47-A of the Indian Stamp Act. Pursuant thereto, the 2nd respondent, by proceedings in Na.Ka.No.154/12/A4 dated 10.06.2019, fixed the value of the property at Rs.6,05,418/- and called upon the petitioner to appear for enquiry to be held on 17.06.2019. Aggrieved by the said proceedings, the present writ petition has been filed.
3. The learned counsel for the petitioner submitted that the impugned proceedings are vitiated since the 1st respondent referred the document for
adjudication under Section 47-A of the Act after a lapse of seven years without any valid reason. It was argued that such inordinate delay defeats the very purpose of adjudication and hence the impugned notice is liable to be quashed.
4. The learned Special Government Pleader appearing for the respondents submitted that under Section 47-A of the Indian Stamp Act, there is no prescribed time limit for the registering authority to refer a document for adjudication, therefore the writ petition is not maintainable at this stage and liable to be dismissed.
5. On a perusal of Section 47-A of the Indian Stamp Act, this Court finds that no time limit has been prescribed for the registering authority to refer the document for adjudication. Further, the petitioner has been served with notice under Section 47-A(1) of the Act, and he is bound to participate in the enquiry. The petitioner has an effective opportunity to participate in the enquiry and put forth his objections. If any adverse final order is passed by the 2nd respondent, the petitioner has a statutory remedy by way of appeal before the Inspector General of Registration, and thereafter, before this Court by way of Civil Miscellaneous Appeal. Therefore, the contention of the petitioner that the 1st respondent referred the document for adjudication under Section 47(A) of the
Indian Stamp Act to the 2nd respondent after seven years cannot be a ground to interfere at this stage.
6. In view of the above discussions, this Court does not find any illegality or infirmity in the impugned notice issued by the 2nd respondent warranting interference. Accordingly, the writ petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. The 2nd respondent is directed to issue a fresh notice to the petitioner under Section 47-A(1) of Indian Stamp Act in Form-II and thereafter proceed in accordance with law. 17.09.2025 Index : Yes/No Internet : Yes/No ak To
1. The Sub Registrar Thiruvotriyur Sub Registry Thiruvotriyur, Thiruvallur District.
2.The District Revenue Officer (Stamps) Collectorate 5th Floor, Singaravelar Maaligai, No. 32, Rajaji Salai, Chennai-1.
G.K.ILANTHIRAIYAN, J.
ak W.P No. 24574 of 2019 17.09.2025