Madras High CourtWP(MD)/34032/2025allowed

C.Sobiya v. The District Registrar,

2025-11-26Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.34032 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.34032 of 2025 AND W.M.P.(MD)Nos.26852 of 2025 C.Sobiya ... Petitioner Vs.

1. The District Registrar, Kanyakumari District, Nagercoil.

2. The Sub Registrar, Sub Registrar Office, Edalakudy, Kanyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in refusal No.RFL/Edalakudy/130/2025 dated 28.10.2025 passed by the second respondent herein and quash the same as illegal and further direct the second respondent herein to register and release the sale deed dated 27.10.2025 within a time stipulated by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader.

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O R D E R

Heard both sides.

2. Sale deed dated 27.10.2025 executed by the petitioner in favour of a company was presented for registration. The registering officer declined to register the document on the ground that the property had been under valued. Challenging the refusal check slip, this writ petition has been filed.

3. It is seen that the objection of the registering authority is with regard to valuation. If that be so, reference can always be made under Section 47A of the Indian Stamp Act. That need not be a ground for refusing registration.

4. In this view of the matter, the impugned refusal check slip is quashed. The parties are permitted to re-present the document. It shall be received and registered. If the authorities are still of the view that there is undervaluation, then action can be taken under Section 47A of the Indian Stamp Act.

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5. This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 26.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar, Kanyakumari District, Nagercoil.

2. The Sub Registrar, Sub Registrar Office, Edalakudy, Kanyakumari District.

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4 W.P.(MD)NO.34032 OF 2025 G.R.SWAMINATHAN,J.

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