T.Reeni v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR T.Reeni ... Petitioner in W.P.No.6407 of 2023 Gokul Krishnan ... Petitioner in W.P.No.6691 of 2023 Vs 1.The District Registrar, Coimbatore District, Coimbatore.
2.The Sub-Registrar, Singanallur Sub-Registrar, Coimbatore District.
... Respondents in both WPs Prayer in WP.No.6407 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to return Document No.P/Singanallur/222/2022 in Receipts No.23916/2022 dated 12.12.2022 after registration, to the petitioner.
Prayer in WP.No.6691 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to return Document No.P/Singanallur/220/2022 in Receipts No.23914/2022 dated 12.12.2022 after registration, to the petitioner.
In both WPs For Petitioners : Mr.M.Selvam For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1/4
COMMON ORDER In these two writ petitions, the issue raised by the respective petitioners since is one and the same, with the consent of the learned counsel appearing for both sides, both the writ petitions were heard together and are disposed of by this common order.
2. The respective petitioners presented documents for registration with the Sub Registrar concerned who is the 1st respondent in both the writ petitions and the said documents though have been registered have been kept as pending documents and they have not been released and in order to release the documents, the petitioners have moved the respective writ petitions.
3. Heard Mr.M.Selvam, learned counsel appearing for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for respondents in both the cases.
4. The learned Special Government Pleader for the respondents would submit that, if the documents have not been retained for the purpose of 2/4
proceedings under Section 33-A / 47-A of the Indian Stamp Act, there would be no impediment for the 2nd respondent to release the documents and if it is retained for the said reason, further proceedings would be initiated, he contended.
5. Considering the said submissions made by the learned Special Government Pleader for the respondents, this Court directs the 2nd respondent in both the writ petitions to pass orders as to on what purpose the documents are retained and if it is retained for the aforestated purpose, communication may be issued to the petitioners otherwise the documents can be released by the 2nd respondent. The needful as indicated above shall be undertaken by the 2nd respondent in both the cases within a period of two weeks from the date of receipt of a copy of this order.
6. With the above directions, both the Writ Petitions are disposed of. No costs.
03.03.2023 Index : Yes / No Speaking Order : Yes / No Sgl 3/4
R.SURESH KUMAR, J.
Sgl To 1.The District Registrar, Coimbatore District, Coimbatore.
2.The Sub-Registrar, Singanallur Sub-Registrar, Coimbatore District.
03.03.2023 4/4