T.Mahalingam Vs The Sub Registrar

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip No.RFL/ 3 Joint Sub Registrar Trichy /118/2026 dated 06.04.2026 issued by the respondent, quash the same and consequently, direct the respondent to register the Lok Adalat Award dated 14.03.2026 in Lok Adalat Case No.16 of 2026 on the file of the Hon'ble Lok Adalat, Taluk Legal Services Committee, Srirangam, Tiruchirappalli, without insisting stamp duty, within time frame.

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For Petitioner : Mr.B.Prasanna Vinoth For Respondent : Mr.M.Gangatharan Government Advocate

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.11149 of 2026

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ORDER

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This Writ Petition challenges the impugned refusal check slip, dated 06.04.2026.

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2. The case of the petitioner is that the petitioner entered into a joint venture agreement with the builder. Subsequently, there arose disputes between them and the builder filed a suit in O.S.No.32 of 2026 on the file of the learned District Munsif cum Judicial Magistrate, Srirangan, for a permanent injunction restraining the petitioner from in any manner alienating or dealing with the property. Pending the suit, the matter was referred to the Lok Adalat. In the Lok Adalat, there was a settlement between the parties and by Lok Adalat Case No.16 of 2026, an award was passed recording the memorandum of settlement between the parties.

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Upon perusal of the memorandum of settlement, it can be seen that the plaintiff and the defendant agreed that the earlier agreement of development shall stand cancelled. When the said Lok Adalat award is presented, the same is refused to be registered on the ground that 1% of the value is not paid as the stamp duty. Firstly, it can be seen that even if the stamp duty is inadequately

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.11149 of 2026

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paid, it is only a demand that should be made, and the same cannot be a reason for refusal. In any event, in this case, there is absolutely no conveyance of any right, title, or interest in the land that is involved. It is clear that the development agreement does not amount to any transfer of interest in the immovable property. Moreso, the cancellation thereof by an agreement before the Lok Adalat. In view thereof, the reason, by which, the respondent is seeking stamp duty of 1% on the value of the property is unsustainable. When a decree is presented based on the value of the decree alone, the stamp duty and the registration charges have to be calculated and registered.

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Accordingly, this Writ Petition is allowed on the following terms:

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(i) The impugned refusal check slip, dated 06.04.2026, shall stand quashed and the matter stands remanded back to the file of the respondent;

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(ii) Within two weeks from the date of receipt of a web copy

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of the order, the petitioner shall represent the Lok Adalat decree along with the memorandum of settlement and the same shall be registered based on the value of the decree as contained in the said

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.11149 of 2026

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decree and if the petitioner has already paid the stamp duty and the registration charges in respect of the same, the same shall be registered if there is no other impediment;

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(iii) Needless to mention that the petitioner has to comply with the other requirements, including producing the certified copy of the decree duly obtained by him from the concerned Court.

No costs.

20.04.2026

sji

NCC: No

To

The Sub Registrar, Joint-3 Sub Registrar Office, Srirangam Taluk, Trichy District.