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Madras High CourtWP(MD)/36527/2025disposed of

M.Maria Lincy Kalaiselvi v. The District Registrar

2026-01-05Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.36527 of 2025 M.Maria Lincy Kalaiselvi ... Petitioner Vs

1. The District Registrar, O/o. the District Registrar Registration Department, Palayamkottai, Tirunelveli District.

2. The Sub-Resgistrar, O/o. the Sub-Registrar, Radhapuram, Tirunelveli District.

3. The Special Deputy Collector (Stamps), O/o. the Special Deputy Collector (Stamps) Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd Respondent to forthwith register and release the Sale Deed dated 27.11.2025 presented by the petitioner by invoking section 47A of Indian Stamps Act and consequently direct the 3rd Respondent to conduct detailed inquiry regarding the determination of market value and stamp duty within time frame stipulated by this Court.

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For Petitioner : Mr.S.Vinayak For Respondents : Mr.V.Om Prakash, Govt. Advocate

O R D E R

This Writ Petition is filed seeking a Mandamus as against the 2nd Respondent to forthwith register and release the Sale Deed dated 27.11.2025 presented by the petitioner by invoking section 47A of Indian Stamps Act, 1899 and consequently direct the 3rd Respondent to conduct detailed inquiry regarding the determination of market value and stamp duty within time frame stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that in the present case sale deed dated 27.11.2025 was presented and token number has also been obtained by the petitioner. However, the 2nd respondent refused to register the document and orally informed that the document is under value. He would further submit that in the event, if 2/6

the document is under value, the second respondent is supposed to register the document and thereafter, refer the matter to the third respondent for the purpose of determining valuation. Instead of doing so, the 2nd respondent refused to register the same. Hence, the petitioner has filed this Writ Petition with the above said relief.

4. The learned Government Advocate appearing for the respondents would fairly submit that in the present case, since the document is not presented, they are not in a position to pass any order. If the document is presented and the same is under value, they would follow the procedure in accordance with law.

5. Considering the submissions made by the learned Government Advocate, this Court directs the petitioner to present the sale deed dated 27.11.2025 and once if it is presented, the 2nd respondent is directed to register the same, if it is otherwise in order. In the event, if the second respondent founds that the document is under value, it is up to him to refer the matter to the third respondent under Section 47-A of the Indian Stamp Act, 1899.

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6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

05.01.2026 Index : Yes/No Internet: Yes/No vsm 4/6

To

1. The District Registrar, O/o. the District Registrar Registration Department, Palayamkottai, Tirunelveli District.

2. The Sub-Resgistrar, O/o. the Sub-Registrar, Radhapuram, Tirunelveli District.

3. The Special Deputy Collector (Stamps), O/o. the Special Deputy Collector (Stamps) Tirunelveli District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.36527 of 2025 05.01.2026 6/6