C.D.Senthilkumar v. The Deputy Registrar General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.D.Senthilkumar ... Petitioner vs.
1.The Deputy Registrar General, Combined Registration Office, Thirumohur Road, Y.Othakkadai, Madurai District.
2.The District Collector, Dindigul District, Dindigul.
3.The District Registrar, Dindigul, Dindigul District.
4.The Sub-Registrar, Nilakkottai, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the fourth respondent to register the petitioner sale deed dated 07.01.2025 relating to the land in Survey Nos.146/1,2,3,5,6,7,8 and 9 to an extent of 1 acre 74 cents located at Nilakkkottai Village, Nilakkottai Taluk, Dindigul District, 1/6
based on the representation of the petitioner dated 27.01.2025 made to the respondents within a time frame fixed by this Court. For Petitioner : Mr.M.Benazir Begum For Respondents : Mr.P.T.Thiraviyam Government Advocate *****
O R D E R
It is the case of the petitioner that the property situated in Survey Nos.146/1,2,3,5,6,7,8 situated at Nilakkkottai Village, Nilakkottai Taluk, Dindigul District, belongs to his vendors Vallimayil, Balakrishnan, Jeyanthi, Suganthi, Vijay Ashok and Vijay Santhi. They had come by the property on account of the death of one Arumugam Pillai, who had been allotted the said property in a partition deed in Doc.No.1291/1971, dated 02.07.1971. The aforesaid vendors of the petitioner executed a sale deed in favour of the writ petitioner on 07.01.2025. When the same was presented for registration, the fourth respondent orally refused to receive the document on the ground that the valuation given in the sale deed does not match the guideline value of the property. Hence, this writ petition. 2/6
2. I heard Mr.M.Benazir Begum for the petitioner and Mr.P.T.Thiraviyam, learned Government Advocate, who takes notice for the respondents.
3. Mr.P.T.Thiraviyam has produced written instructions from the respondents which states that the property is valued at Rs.3,770/-(Rupees Three Thousand Seven Hundred and Seventy only) per square metre and since the valuation given by the petitioner is not matching with the said value, the Sub Registrar has not received the document.
4. Valuation is the matter, which can always be gone into by the Sub-Registrar, after registering the document. It is case of Mr.Benazir Begum that property was sold as agricultural land and therefore, there is no necessity to value the same in square metre.
5. In the light of the above discussion, the fourth respondent is directed to receive the document presented by the petitioner on 07.01.2025 and register the same. If after such registration, the SubRegistrar entertains doubt as regards the valuation, he shall hear the 3/6
petitioner as to how they value the property and if he still entertains a doubt, he shall refer the matter before the appropriate authority for fixing the value in terms of Section 47A of the Stamp Act. If he is satisfied the valuation, he need not refer the same under Section 47A.
6. With the above direction, this Writ Petition is disposed of. No costs.
Index :Yes / No 25.02.2025 Internet :Yes / No NCC :Yes / No Rmk To 1.The Deputy Registrar General, Combined Registration Office, Thirumohur Road, Y.Othakkadai, Madurai District.
2.The District Collector, Dindigul District, Dindigul.
3.The District Registrar, Dindigul, Dindigul District.
4.The Sub-Registrar, Nilakkottai, Dindigul District.
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V. LAKSHMINARAYANAN, J.
Rmk 25.02.2025 6/6