BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 19.01.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

1.K.M.Absal

2.K.M.Althaf ... Petitioners Vs

1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar, Kanyakumari District, Nagercoil.

3.The Sub Registrar, Arumanai Sub Registration Office, Arumanai, Kanyakumari District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to return the petitioners' sale deed in Document No.2466 of 2007 on the file of the second respondent herein based on the petitioners' representation dated

11.04.2025 within the time stipulated by this Court.

For Petitioners : Mr.T.Selvakumaran For Respondents : Mr.K.R.Badurus Zaman, Government Advocate

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to return the petitioners' sale deed in Document No.2466 of 2007, on the file of the second respondent, based on the petitioners' representation dated 11.04.2025, within a time to be stipulated by this Court.

2. The learned counsel appearing for the petitioners would submit that the petitioners presented the sale deed for registration, and after completion of registration, the document was referred for proceedings under Section 47-A of the Registration Act. Pursuant thereto, the petitioners paid the amount demanded by the second respondent. However, the second respondent has retained the original sale deed till date. Even assuming that any deficit stamp duty was payable and the matter was rightly referred under Section 47-A of the Act, the authorities concerned ought to have returned the document after completion of the proceedings. Retention of the document for nearly 18 years is wholly arbitrary and unsustainable. In this regard, the petitioners made a representation to the first respondent on 11.04.2025. However, the same has not been considered till date. Hence, the petitioners have filed the present writ petition.

3. The learned Government Advocate appearing for the respondents would submit that in the present case, the deficit stamp duty has already been paid and only the interest amount remains unpaid. It is further submitted that, under no stretch of imagination, the respondents are entitled to retain the document merely on the ground of non-payment of interest.

4. In view of the above submissions, this Court directs the respondents to return the petitioners' sale deed in Document No.2466 of 2007 to the petitioners within a period of 24 hours from the date of receipt of a copy of this order. It is made clear that it is open to the respondents to recover any interest or other dues, if any, payable by the petitioners, in accordance with law, but such recovery shall not be a ground to retain the document.

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

19.01.2026 Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No TSG To

1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar, Kanyakumari District, Nagercoil.

3.The Sub Registrar, Arumanai Sub Registration Office, Arumanai, Kanyakumari District.

KRISHNAN RAMASAMY, J.

TSG

19.01.2026