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Madras High CourtWP/34685/2025disposed of

Mr.Mohamed Aamir Feroz v. District Revenue Officer

2025-09-15Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

The HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY Writ Petition No.34685 of 2025 Mr.Mohamed Aamir Feroz ...Petitioner ..Vs..

1. District Revenue Officer (Stamps), Office Of The District Revenue Officer (Stamps), Fifth Floor Collector Office, No. 32 Rajaji Salai, Chennai 60 0 001.

2.The Sub Registrar Thirukkazhukundram, No. 10 Kamals Street, Thirukazhukundram 603 109.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the 2nd respondent herein to return the original sale deed dated 27.01.203 registered as Doc No. 5763/2023 on the file of the 2nd respondent.

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For Petitioner :

Mr.Venkatasubban K For Respondent :

Mr.U.Baranidharan Special Government Pleader

O R D E R

Mr.U.Baranidharan, learned Special Government Pleader, takes notice on behalf of the respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking for a direction to the 2nd respondent herein to return the original Sale Deed dated 27.01.203 registered as Doc No. 5763/2023 on the file of the 2nd respondent.

3. The learned counsel for the petitioner would submit that One Mr.M.Vellasamy decided to sell his property to the petitioner, for which the sale deed was executed in favour of the petitioner and the same was registered after payment of required stamp fee. Subsequent to the registration, the 2nd respondent herein had referred the document to the 1st respondent under Section 47 of the Indian Stamp Act for deficit stamp duty vide his communication dated 02.08.2023. According to the 2nd respondent, 2/6

the total stamp duty to be paid is Rs.1,93,249/- out of which a sum of Rs.42,679/- was paid by the petitioner and the balance of Rs.1,50,570/- has to be paid as deficit stamp duty. Pursuant to the aforesaid communication, the 1st Respondent had directed the petitioner to appear before the 2nd respondent for payment of deficit stamp duty and the petitioner also appeared and paid the deficit stamp fee as demanded by the 2nd respondent. 3.1. Further, he would submit that despite the payment of deficit stamp duty, the 2nd respondent is not releasing the original Sale Deed. Hence, the petitioner has submitted representation to the 2nd respondent on 30.07.2025, to return the original Sale Deed. But, no action has been taken by the 2nd respondent till date and therefore the petitioner has filed this Writ Petition seeking for the aforesaid relief.

4. The learned Special Government Pleader appearing for the respondent after getting instructions would submit that they are in the process of considering the petitioner's representation for release of the Sale Deed.

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5. Heard both sides.Perused the records.

6. Considering the facts and circumstances of the case and also upon the submissions made, this Court directs the 2nd respondent to return the original Sale Deed dated 27.01.2023 to the petitioner , if the petitioner had paid the deficit stamp duty as contended by the learned counsel for the petitioner, as expeditiously as possible.

7. With the above directions, this writ petition is disposed of. No costs. 15.09.2025 arr 4/6

To

1. District Revenue Officer (Stamps), Office Of The District Revenue Officer (Stamps), Fifth Floor Collector Office, No. 32 Rajaji Salai, Chennai 60 0 001.

2.The Sub Registrar Thirukazhukundram, No. 10 Kamals Street, Thirukazhukundram 603 109.

KRISHNAN RAMASAMY, J.

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Writ Petition No.34685 of 2025 15.09.2025 6/6