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Madras High CourtWP/26903/2015disposed of

G.Jayapandiyan Nadar, v. Inspector General

2015-11-20Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.26903 of 2015 G.Jayapandiyan Nadar

...Petitioner

vs.

1. Inspector General of Registration O/o. Inspector General of Registration, Santhome High Road, Santhome, Chennai-28.

2 The Sub Registrar Avarapakkam Gingee Road, Tindivanam, Villupuram District.

3 The Special Tashildhar (Stamps) Tindivanam, ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to release the original sale deed document No.577 of 2003 based on the petitioner representation dated 22.06.2015. For petitioner : Mr. G.Baskar For Respondents 1 to 3 : Mr.DigvijayaPandian, Addl. Govt. Pleader

ORDER

Petitioner presented the sale deed for registration in Document No.557/2003 has not been returned after due registration on the ground of pendency of the proceedings under Section 47-A of the Stamp Act, hence, has come up with the present writ petition.

2. As held by this Court and upheld by the Honourable Apex Court in SLP.No.16363 of 2014, the pendency of the proceedings under Section 47-A cannot be a bar for withholding the document registered.

3. In view of the above, this writ petition is disposed of directing the respondents to release the document No.557/2003 with an endorsement intimating the pendency of the proceedings, within a period of two weeks from the date of receipt of a copy of this order. However, in view of the submissions made, the respondents are directed to complete the proceedings under Section 47-A of the Stamp Act, within a period of eight weeks thereafter. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar smi To

1. Inspector General of Registration O/o. Inspector General of Registration, Santhome High Road, Santhome, Chennai-28.

2 The Sub Registrar Avarapakkam Gingee Road, Tindivanam,

3 The Special Tashildhar (Stamps) Tindivanam, 1 CC to Mr. G.Baskar, Advocate SR.No. 63197 1 CC to the Government Pleader, SR.No. 63167 W.P.No.26903 of 2015 AR IV (CO) PSI (27.11.2015)