R.Balasubramaniyam v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.6246 of 2023 R.Balasubramaniyam ....

Petitioner -Vs1 The Inspector General of Registration No.100 Santhome High Road Pattinapakkam Chennai-600 028.

2 The District Registrar O/o.The District Registrar Tiruppur.

3 The Sub Registrar O/o.The Sub Registrar Palladam.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to release the sale deed bearing Doc. No. 15144/2013 registered in the office of the 3rd respondent.

For Petitioner : Mr.S.Sithirai Anandam For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent to release the sale deed bearing Doc. No. 15144/2013 registered in the office of the 3rd respondent.

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2. The petitioner presented a document for registration, which has been registered but has been kept as pending document in Doc.No.15144/2013 on the file of the 3rd respondent. Therefore, in order to release the said document, the petitioner has moved the present writ petition seeking for a writ of mandamus with the aforesaid prayer.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

4. Learned Special Government Pleader for the respondents would submit that, the documents would be kept pending if at all proceedings either under Section 33-A or 47-A of the Indian Stamp Act has been initiated, otherwise the documents normally would not be retained and therefore, that will be looked into and if it is covered under the said provisions it cannot be released.

5. Recording the said submission of the learned Special Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order.

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●That the 3rd respondent shall clarify this position to the petitioner by sending a communication to him as to whether any proceedings either under Section 33-A or 47-A of the Indian Stamp Act has been initiated with respect to the document in question. ●In case no such proceedings is initiated with respect to the document in question, the same shall be released if it is otherwise in order and has been registered with proper validation, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 02.03.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1 The Inspector General of Registration, No.100 Santhome High Road Pattinapakkam Chennai-600 028.

2 The District Registrar O/o.The District Registrar Tiruppur.

3 The Sub Registrar, O/o.The Sub Registrar Palladam. R. SURESH KUMAR, J.

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