Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 33046 (MAD)

S.SUMATHI v. THE INSPECTOR GENERAL OF REGISTRATION OF TAMILNADU

WP/9489/2025 · 2025-03-25

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Writ Petition No.9489 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.9489 of 2025 1. S.Sumathi D/o.R.Sengottaiyan, No.L71/1d,Koottapalli Colony,Koottapalli,Tiruchengode Taluk,Namakkal District 637214 Petitioner Vs 1. The Inspector General Of Registration Of Tamilnadu Santhome High Road, Chennai 28 2.The Sub Registrar Velachery Sub Registrar Office, Velachery, Chennai 600042 Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent relating to the issue of check slip dated 24.02.2025 issued by the 2nd respondent returning the Sale Deed dated 24.02.2025 executed in favour of the petitioner and presented by her for registration, without registration and quash the same and consequently direct the 2nd respondent to register the said document dated 24.02.2025 immediately on presentation by the petitioner hereafter without insisting the filling up of the market values for the buildings and lands separately in Annexure 1A to the sale deed without insisting GPS location photograph from the petitioner without insisting the Encumbrance certificate for the property under sale without insisting anything that is not Government gazette notified under the Statue and further to issue appropriate direction to the respondents to pay the cost of 1/4 https://www.mhc.tn.gov.in/judis Writ Petition No.9489 of 2025 litigation and appropriate compensation to the petitioner within the time frame fixed by this Court. For Petitioner : Mr.N.Subramaniyan For Respondents : Mr.U.Baranidharan, Special Government Pleader ***** O R D E R This writ petition has been filed challenging the impugned refusal check slip issued by the second respondent dated 24.02.2025 and for a consequential direction to the second respondent to register the sale deed dated 24.02.2025 and release the said document. 2. Heard Mr.N.Subramaniyan, learned counsel for petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents. 3. The case of the petitioner is that she wanted to purchase a small flat with a super built up area of 515 sq.ft. having a UDS of 300.317 sq.ft. in Vasanth Apartments, Velachery, Chennai. The sale consideration was agreed upon and it was paid and the sale deed dated 24.02.2025 was presented for registration before the second respondent. The second respondent refused to register the sale deed on the ground that 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.9489 of 2025 the property has been undervalued. The document was also returned to the petitioner stating that even if it has to be referred under Section 47-A of the Stamp Act, he must get the concurrence from the DIG of registration. Aggrieved by the same, the present writ petition has been filed before this Court. 4. In the considered view of this Court, the petitioner justifies the valuation of the property and has paid the necessary stamp duty. If it is acceptable, the document has to be registered. If it is not acceptable, the document has to be referred under Section 47-A of the Stamp Act. The third respondent cannot state that he will not take the document on file without getting the concurrence of the DIG of Registration. The said attitude on the part of the second respondent is unwarranted. It is also pertinent to take note of the circular issued by the Inspector General of Registration dated 12.07.2024 in this regard. 5. In the light of the above discussion, the impugned refusal check slip dated 24.02.2025 is hereby quashed and there shall be a direction to the second respondent to either register the sale deed, if it is N.ANAND VENKATESH, J 3/4 https://www.mhc.tn.gov.in/judis Writ Petition No.9489 of 2025 gm otherwise in order or on the other hand, if it is undervalued, to refer it under Section 47-A of the Stamp Act. This writ petition is disposed of with the above direction. No costs. 25.03.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To 1. The Inspector General Of Registration Of Tamilnadu Santhome High Road, Chennai 28 2.The Sub Registrar Velachery Sub Registrar Office, Velachery, Chennai 600042 Writ Petition No.9489 of 2025 4/4 https://www.mhc.tn.gov.in/judis