P.Jayaprakash,S/O.Palanisamy v. The Inspector Of General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos. 19518 of 2018 & 4632 of 2019 and W.M.P.Nos. 5242 & 5245 of 2019 W.P.No.19518 of 2018 P.Jayaprakash .... Petitioner Vs

1. Inspector General of Registration, Santhome High Road, Mylapore, Chennai-4.

2. The District Revenue Officer (Stamps), Coimbatore.

3. The Sub-Registrar, Singanallur Sub Register Officer, Singanallur, Coimbatore.

....Respondents W.P.No. 4632 of 2019 A.Gnanasekaran ....Petitioner Vs.

1. Inspector General of Registration, Santhome High Road, Mylapore, Chennai-4.

2. The District Registrar, Kancheepuram.

3. The Sub-Registrar, Manavalanagar, Thiruvallur District.

....Respondents Prayer in W.P.No. 19518 of 2018:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 2nd and 3rd respondents to release the

registered document No.4061/2018 dated 12.04.2018 which is pending on the file of the 2nd respondent proceeding No.364/2018 dated 08.05.2018 under Section 47(A) of the Indian Stamp Act, 1899, after imposing conditions which are laid out in Rajappa Vs. The Special Deputy Collector (Stamps) reported in 2002 (3) CTC 544.

Prayer in W.P.No. 4632 of 2019:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari mandamus, call for the records in Na.Ka.No.5260/A3/2018 dated 03.12.2018 passed by the 2nd respondent and the notice dated 12.10.2018 issued by the 3rd respondent and quash the same and further direct the respondents herein to release the document dated 23.07.2018 in Document No.2457 of 2018 on the file of the 3rd respondent office to the petitioner.

For Petitioner in W.P.No.19518/2018 : Mr.S.Venkatesh in W.P.No.4632/2019 : Ms.R.T.Shyamala For Respondents (both WPs) : Mr.A.Selvendran Government Advocate.

COMMON ORDER W.P.No. 19518 of 2018 has been filed for issuance of writ of mandamus, directing the 2nd and 3rd respondents to release the registered document No.4061/2018 dated 12.04.2018 which is pending on the file of the 2nd respondent proceeding No.364/2018 dated 08.05.2018 under Section 47A of the Indian Stamp Act, 1899, after imposing conditions which are laid out in Rajappa Vs. The Special Deputy Collector (Stamps) reported in 2002 (3) CTC 544.

2. W.P.No. 4632 of 2019 has been filed for issuance of writ of Certiorari mandamus, call for the records in Na.Ka.No.5260/A3/2018 dated 03.12.2018 passed by the 2nd respondent and the notice dated 12.10.2018 issued by the 3rd respondent and quash the same and further direct the respondents herein to release the document dated 23.07.2018 in Document No.2457 of 2018 on the file of the 3rd respondent office to the petitioner.

3. Heard both sides.

4. The learned counsel for the petitioners restricted the prayer for direction directing the second respondent to conduct enquiry and pass orders in the proceedings initiated under Section 47A of the Indian Stamp Act, 1899.

5. Considering the above, the second respondent is directed to conduct detailed enquiry, after giving an opportunity of hearing to the petitioners and pass orders in the proceedings initiated under Section 47A of the Indian Stamp Act, 1899 within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petitions are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Lpp To

1. The Inspector General of Registration, Santhome High Road, Mylapore, Chennai-4.

2. The District Revenue Officer (Stamps), Coimbatore.

3. The Sub-Registrar, Singanallur Sub Register Officer, Singanallur, Coimbatore.

4. The District Registrar, Kancheepuram.

5. The Sub-Registrar, Manavalanagar, Thiruvallur District.

+1cc to Ms.R.T.Shyamala, Advocate, S.R.No.58375 +1cc to Mr.S.Venkatesh, Advocate, S.R.No.58495 +1cc to the Government Pleader, S.R.No.59038 W.P.Nos. 19518/2018 & 4632/2019 and W.M.P.Nos. 5242 & 5245 of 2019 KSM[co] NSK 13/12/2021