The State Of Tamilnadu, v. M/S. Tamil Nadu Maheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2016

CORAM

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Mr. JUSTICE M.VENUGOPAL W.A.No.196 of 2016 and C.M.P.No.2927 of 2016 1.The State of Tamil Nadu rep. by Inspector General of Registration, Santhome, Chennai - 28.

2.The Sub Registrar, No.3/1, Bhagavath Singh Nagar, Madhavaram High Road, Madhavaram, Chennai - 60.

3.The District Registrar (Administration) (Additional Inspector General Cadre) North Chennai, Office of the District Registrar, Chennai North, Chennai - 1.

..

Appellants Vs.

M/s.Tamil Nadu Maheswari Foundation rep. by its Trustee K.G.Baheti ..

Respondent Writ Appeal filed under Clause 15 of Letters Patent against the order dated 15.10.2015 made in W.P.No.30096 of 2015. Writ petitin filed under Article 226 of the constitution of India praying to issue writ of Mandamus directing the Respondents herein to forthwith release the Deed of Sale dated 24.08.2015 registered as document No. 5102 of 2015 in Book I in the office of the Second Respondent herein to the Petitioner after duly completing the process of Registration

For Appellants ..

Ms.A.Srijayanthi, Spl. Govt. Pleader

JUDGMENT

(Judgment of the Court was delivered by SATISH K.AGNIHOTRI, J.) Notice to the respondent is dispensed with, at this stage, as no adverse order is passed against them in this writ petition. Thus, with the consent of the learned Special Government Pleader appearing for the appellants, the writ appeal is taken up for final disposal, at the admission stage. 2.The challenge in this intra-Court appeal is to the order dated 15 October 2015 passed in W.P.No. 30096 of 2015. 3.For the sake of brevity and clarity, the parties are referred to as per their rank in the instant appeal. 4.The respondent preferred the instant writ petition being W.P.No.30096 of 2015, seeking a direction to the appellants to release the original sale deed bearing Document No.5102/2015, forthwith.

5.The learned Single Judge, as has been held in several cases involving the similar issue, directed the appellants 2 and 3 to release the sale deed dated 24 August 2015 subject to the condition that can be imposed and subject to the endorsement indicating the pendency of the proceedings, within a period of six weeks from the date of receipt of a copy of the order. 6.It is a well settled principle of law that once a document has been duly registered, the same cannot be retained by the Registering Authority, even if the same has been referred for a fresh adjudication. The learned Single Judge had directed return of the said document, subject to the aforestated condition. We have examined the said condition. The said condition provides sufficient safeguard to ensure recovery of fee, if any, as and when occasion arises.

7.In that view of the matter, we are not inclined to interfere with the order sought to be impugned herein. Accordingly, the writ appeal is dismissed. However, there shall be a charge over the property in question till the proceedings initiated under Section 47-A, ibid, is complete. No costs. Consequently, connected miscellaneous petition is dismissed. Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar mmi TO 1.The Inspector General of Registration, Santhome, Chennai - 28.

2.The Sub Registrar, No.3/1, Bhagavath Singh Nagar, Madhavaram High Road, Madhavaram, Chennai - 60.

3.The District Registrar (Administration) (Additional Inspector General Cadre) North Chennai, Office of the District Registrar, Chennai North, Chennai - 1.

W.A. No.196 of 2016 BVR(CO) Eu 11.03.16