Gunasekaran v. The District Registrar

1 W.P.(MD)NO.26303 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.26303 of 2025 and WMP (MD).No. 20454 and 20455 of 2025

1. Gunasekaran

2. Arasammal ... Petitioners Vs.

1. The District Registrar, Tirunelveli, Tirunelveli District.

2. The Sub-Registrat, O/o. The Sub Registrar Office, Tisayanvilai, Tirunelveli District. ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal slip issued by the 2nd respondent in his Receipt No.RFL/jpirad;tpis/53/2025 10.09.2025 and quash the same as illegal and consequentially to direct the Respondents to register and release the Sale Deed presented by the petitioner on 10.09.2025 for registration within the period that may be stipulated by this Court.

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2 W.P.(MD)NO.26303 OF 2025 For Petitioner : Mr.A. Nawaz Khan, for M/s.Ajmal Associates.

For Respondents : Mr.D. Gandhiraj, Special Government Pleader.

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O R D E R

Heard both sides.

2. The writ petitioners want to sell the petition mentioned property. They executed a sale deed dated 10.09.2025 in favour of one Udhayakumar and his wife. The document was presented for registration. On the ground that the eastern portion has been wrongly described, the registration was refused. Challenging the impugned refusal check slip, this writ petition has been filed.

3. As rightly contended by the learned counsel for the writ petitioners, the impugned order cannot be valid on two grounds. a) Misdescription of the property cannot be a botheration of the registering authority.

b) The ground on which the registration has been refused does not fall within the scope of section 22A of the Registration Act or any other statutory provision.

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3 W.P.(MD)NO.26303 OF 2025

4. From the submissions of the learned Special Government Pleader, I discern that the valuation appears to be an issue. If that be so, it is open to the registering authority to act under section 47 A of the Indian Stamp Act, if required. Valuation cannot be a ground for refusing registration. In this view of the matter, the impugned order is quashed. The petitioner is permitted to re-present the document. It shall be registered and the other legal formalities will follow. This writ petition stands allowed. No costs. Consequentially connected miscellaneous petitions are closed.

23.09.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Regisstrar, Tirunelveli, Tirunelveli District.

2. The Sub-Registrat, O/o. The Sub Registrar Office, Tisayanvilai, Tirunelveli District.

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4 W.P.(MD)NO.26303 OF 2025 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.26303 of 2025 23.09.2025 4/4