Arulmurughu v. The Sub Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
1. ARULMURUGHU S/o.T.Loganathan, 73, Rathinasabapathy Puram, 3rd Cross Street, Mahalingapuram Post, Pollachi-642 002.
2. SARAVANAMURUGHU S/o.T.Loganathan, 85, Arumugam Nagar, Mahalingapuram Post, Pollachi-642 002 Petitioners Vs 1.The Sub Registrar Sub Registrar Office, Kinathukkadavu Taluk, Coimbatore District 2.The Inspector General of Registration, Coimbatore District.
Respondents [R2 suo motu impleaded as per the order of this Court dated 01.04.2025] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent 1/4
to return the original sale deed dated 06.12.2022 registered as Doc.No.12464 of 2022 on the file of the respondent. For Petitioners : Mr.K.Venkatasubban For Respondents : Mr.U.Baranidharan Special Government Pleader *****
O R D E R
The Inspector General of Registration, Coimbatore District, is suo motu impleaded as second respondent in this writ petition.
2. This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to return the original sale deed date 06.12.2022 registered as Document No.12464 of 2022.
3. Heard Mr.K.Venkatasubban, learned counsel for petitioners and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.
4. When the matter was taken up for hearing, learned Special 2/4
Government Pleader appearing on behalf of the respondents produced the written instructions given by the first respondent. On going through the same, it is seen that proceedings were initiated under Section 47A of the Stamp Act on the ground that the property has been undervalued. After enquiry, the order was passed by the District Revenue Officer (Stamps) and aggrieved by the same, an appeal was filed before the Inspector General of Registration under Section 47A(5) of the Stamp Act and the same is pending. In the mean time, the present writ petition has been filed before this Court seeking to return the original sale deed.
5. In the considered view of this Court, when the proceedings are pending under Section 47A of the Stamp Act, there is no question of returning the document till the completion of the proceedings. Useful reference can be made to the judgment in Special Deputy Collector (Stamps) and another v. M.Alfred and others [2017 (6) CTC 449].
6. In view of the above, considering the long pendency of the proceedings, there shall be a direction to the Inspector General of Registration, the impleaded second respondent, to dispose of the pending appeal after affording opportunity to the petitioners within a period of 3/4
eight (8) weeks from the date of receipt of a copy of this order. N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs.
01.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm Note:
Registry is directed to carry out necessary amendment in all the concerned records.
To 1.The Sub Registrar Sub Registrar Office, Kinathukkadavu Taluk, Coimbatore District 2.The Inspector General of Registration, Coimbatore District.
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