Shanthi K Vs The Sub-Registrar

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records comprised in P/Chinnadharapuram/61/2025 dated 31.12.2025 on file of the respondent and quash the same as arbitrary and illegal and consequently direct the respondent to register and release the sale deed in Doc.No.TP/244111786/2025 dated 31.12.2025 kept pending in P/Chinnadharapuram/61/2025 forthwith.

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For Petitioner : Mr.K.Prabhakar

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For Respondent : Mr.A.Kannan, Addl. Govt. Pleader

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W.P.(MD) No.247 of 2026

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O R D E R

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This Writ Petition is filed challenging the impugned order of

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the respondent dated 31.12.2025 and also seeking for a consequential direction to the respondent to register and release the sale deed dated 31.12.2025 forthwith.

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

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3. It is the grievance of the petitioner that when the petitioner has presented a sale deed for registration, the respondent, without registering the same, has passed the impugned order stating that the said document is kept pending for further analysis. Challenging the same, the petitioner has filed this Writ Petition.

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4. The learned counsel appearing for the petitioner would submit that in the event, if there is any deficit stamp duty, it is the duty of the Sub-Registrar to refer the matter to the authorities concerned to redetermine the value of the property in terms of Section 47-A of the

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W.P.(MD) No.247 of 2026

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Indian Stamp Act, 1899. Without doing so, the respondent has passed the impugned order by keeping the document as pending document. Therefore, the impugned order is liable to be set aside.

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5 . The learned Special Government Pleader appearing for

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the respondent, after taking instructions, would submit that if the document is under value, they would refer the matter in terms of Section 47-A of the Indian Stamp Act, 1899 for redetermination of the value of the properties and thereafter, register the document in accordance with law.

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6. Considering the facts and circumstances of the case, this Court is of the view that in the event, if there is any deficit stamp duty, it is the duty of the Sub-Registrar to refer the matter to the authorities concerned to redetermine the value of the property in terms of Section 47-A of the Indian Stamp Act, 1899. Without doing so, the respondent has passed the impugned order. Therefore, the impugned order is liable to be set aside.

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W.P.(MD) No.247 of 2026

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7. Accordingly, the impugned order dated 31.12.2025 is set

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aside and the Writ Petition is allowed. The respondent is directed to register and release the sale deed dated 31.12.2025, within a period of one week from the date of receipt of a copy of this order. In the event, if the respondent finds that there is any deficit stamp duty, it is up to him to refer the matter to the authorities concerned, in terms of Section 47-A of the Indian Stamp Act for redetermination of the value of the properties and thereafter, register the same in accordance with law. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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07.01.2026

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Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No

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W.P.(MD) No.247 of 2026