A.S.Farhana v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.27566 of 2017 and W.M.P.No.29495 of 2017 A.S.Farhana .. Petitioner Vs.

1.

The Sub-Registrar, Guduvancherry - 603 202 Chengalpattu District.

2. The District Registrar, Chennai South, Saidapet, Chennai - 600 015.

.. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandmus directing the respondent herein to forthwith and in any event within the time as may be fixed by this Court to register and release the sale deed dated 23.02.2017, beaing Document No.P14/2017 executed by the Official Liquidator, Honourable High Court of Calcutta, bearing the Liquidator of M/s. Business Forms Limited (in liquidation) in favour of the petitioner herein, conveying 36 cents i.e., 15,696 s.ft. Of land, including unfinished dilapidated RCC construction, comprised in S.No.163/1A, New No.163/1A1, Urapakkam Village, Chengalpattu District.

For Petitioner : Mr.M.Venkatakrishnan For Respondents : Mr.R.Govindasamy, Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. In pursuant to the order passed by this Court on 07.12.2017, both the respondents are present before this Court. Learned Special Government Pleader also filed the counter https://hcservices.ecourts.gov.in/hcservices/

affidavit and submitted that the subject matter document has already been registered in Document No.12970/2017 and further verification/enquiry is going on to ascertain the market value of the property and if the property is undervalued, action has to be taken under Section 47-A(1) of the Indian Stamp Act,1899, for referring the same to the Collector for determination of true market value under section 47A(2) ibid.

3. In the counter affidavit also the above contention of the learned Special Government Pleader is stated in paragraph No.5.

4. Therefore, it is seen that the grievance of the petitioner insofar as the registration of the document is not existing any more as the respondents have already registered the document in Document No.12970/2017. However, for returning the said document, the petitioner has to await further proceedings from the respondents based on the enquiry to be conducted under Section 47-A(1).

5. Recording the above said development taken place, the writ petition is closed as no further order is necessary. If an occasion arises in future for the petitioner to agitate the matter further, it is open to her to do so in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar vsi To 1.

The Sub-Registrar, Guduvancherry - 603 202 Chengalpattu District.

2. The District Registrar, Chennai South, Saidapet, Chennai - 600 015.

+1cc to Mr.VENKATAKRISHNAN Advocate, S.R.No. 90117 +1cc to the Government Pleader, S.R.No. 89940 W.P.No.27566 of 2017 TR(27/12/2017) https://hcservices.ecourts.gov.in/hcservices/