Mariya Russell Andrews v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/01/2026 CORAM :
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY Mariya Russell Andrews ... Petitioner Vs.
1. The District Registrar, District Registration Office, Nagercoil, Kanyakumari District.
2. The Sub Registrar, Sub Registration Office, Thovalai, Kanyakumari District.
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent pertaining to its impugned refusal check slip Number. RFL/Thovalai/77/2025 dated 27-11-2025 and to quash the same and consequently direct the respondent to register the sale deed presented by the petitioner on 12-11-2025 within a 1/6
stipulated time that may be fixed by this Court. For Petitioner : Mr.SC.Herold Singh For Respondent : Mr.K.S.Selvaganesan Additional Government Pleader
ORDER
The prayer in this writ petition is to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respondent pertaining to the impugned refusal check slip Number : RFL/Thovalai/77/2025 dated 27-11-2025 and quash the same and consequently direct the respondent to register the sale deed presented by the petitioner on 12-11-2025 within a time frame.
2. Learned counsel for the petitioner would submit that the petitioner intended to purchase the property in Re Survey No. 306/1A1 of Aralvaimozhi South Village, Thovalai Taluk, Kanyakumari District, for which, he presented a sale deed before 2/6
the 2nd respondent who returned the same with a refusal slip to present the document along with requisite guideline value and stamp duty, as against which, the petitioner has filed this writ petition. According to the learned counsel, requisite stamp duty has been paid by the petitioner and despite the same, the 2nd respondent refused to register the document.
3. Learned Additional Government Pleader appearing for the respondents would submit that since the market value was undervalued less than the guideline value as reflected in the web portal of the Registration Department, the 2nd respondent rightly refused to register the document and issued the impugned order.
4. I have considered the submissions made on either side.
5. Though the 2nd respondent found that the property was undervalued, it is not fair on his part to refuse registration of the document and to issue impugned refusal slip, whereas he ought to have referred the document under Section 47A of the Indian 3/6
Stamp Act 1899, which empowers registering officers to refer property transfer documents to the Collector if they suspect the stated market value is undervalued, ensuring proper stamp duty payment by allowing reassessment and collection of any deficit. Since the 2nd respondent has not referred the document as per Section 47A, the impugned order is not sustainable and liable to be set aside.
6. Accordingly, the impugned refusal check slip No. RFL/Thovalai/77/2025 dated 27-11-2025 is set aside and the petitioner is directed to forthwith re-present the document in which case, the 2nd respondent is directed to register the document if it is otherwise in order. If the 2nd respondent finds that the market value is undervalued or the document does not contain sufficient stamp duty, then he shall refer the document as per Section 47A of the Indian Stamp Act 1899.
7. With the above direction, the Writ Petition is allowed. No 4/6
costs. Consequently, connected miscellaneous petition is closed. 05.01.2026 Index : Yes / No bala 5/6
KRISHNAN RAMASAMY, J.
bala To
1. The District Registrar, District Registration Office, Nagercoil, Kanyakumari District.
2. The Sub Registrar, Sub Registration Office, Thovalai, Kanyakumari District.
ORDER MADE IN DATED : 05.01.2026 6/6