G.Felcia Gnana Pushpam v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.04.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY G.Felcia Gnana Pushpam ... Petitioner Vs.

The Sub Registrar, O/o.Sub Registrar, Kariyapatti & Taluk Virudhunagar District.

...Respondent

Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certorarified Mandamus, calling for the records relating to the impugned proceedings of the respondent in Letter No. 101/2026 dated 24.03.2026 and quash the same as illegal and further direct the respondents to register the sale deed dated 13.11.2025 executed in his favour with regard to the agricultural land in Resurvey No.337/11A with an extent of 31 cents situates at Mallankinar Village, Kariyapatti Taluk, Virudhunagar District.

For Petitioner :Mr.R.Venkatesan for M/s.Right Law Associates For Respondent :Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition is filed challenging the impugned proceedings bearing letter number 101/2026 dated 24.03.2026 and to quash the same and to further direct the respondents to register the sale deed, dated 13.11.2025 executed in favour of the petitioner with reference to the agricultural land in Resurvey No.337/11A with an extent of 31 cents situates at Mallankinar Village, Kariyapatti Taluk, Virudhunagar District. 2.Upon hearing the learned counsel for the petition and perusing the material records of the case, the grievance of the petitioner is that the property in question is an agricultural property by valuing on per acre basis. The petitioner has duly presented the sale deed. However, the same is not registered and returned to the petitioner.

The respondents are treating the property as if it is a residential plot and are retaining the document without registration by the impugned communication, additional amount is demanded and therefore, the petitioner is before this Court. 3.Per contra, the learned Additional Government Pleader taking notice on behalf of the respondents would submit that the impugned order dated 24.03.2026 is an internal communication issued by the Sub-Registrar to the Deputy Collector of Stamps when the petitioner presented a document.

Upon finding that the value has not acceptable, since the land contains a building and it is also abutting a road, the value is not accepted and is being referred under Section 47-A(1) of the Act, to the Deputy Collector of Stamps, Virudhunagar, in accordance with the law. It is incorrect to state that the petitioner's document is not registered and the same is registered along with the document, the papers are forwarded to the Deputy collector of stamps.

4.I have considered the rival submissions made on either side and perused the material records of the case.

5.It will be open for the Sub Register to refer the matter under section 47-A of the Act, if any grounds exist to believe about the undervaluation of the transaction as disclosed in the sale deed. Since it is stated that there is an existing building and also doubt that the property is being used as residential and not agricultural property. The Sub-Register is justified in referring the matter under Section 47-A of the Act. The contention of the petitioner is that they are ready to pay the value in respect of the building, but however, the rest of the property is only used as an agricultural purpose and the same need not be valued on square feet basis, all can be raised before the Deputy Collector of Stamps Virudhunagar, as and when notice is

issued in the 47A proceedings to the petitioner. 6.Needless to mention that due notice shall be issued to the petitioner as expeditiously as possible and all the defence of the petitioner are kept open to be raised before the appropriate authority and it is for the authority to consider the same and pass orders in accordance with law. 7.With the above observations, the Writ Petition stands disposed of. The proceedings under section 47-A of the Act, shall be completed as expeditiously as possible, in any event not later than three months from the date of receipt of web copy of the order. No costs. 15.04.2026 NCC:Yes/No Ns To The Sub Registrar, O/o.Sub Registrar, Kariyapatti & Taluk Virudhunagar District.

D.BHARATHA CHAKRAVARTHY, J.

Ns 15.04.2026