V.Palanivelu v. Joint Sub Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2016
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.509 of 2016
1. V.Palanivelu
2. Renganayagi
3. Subramanian ..Petitioners Vs.
1. Joint Sub Inspector, Registration Department, Nagai District, Mayiladuthurai - 609 001,
2. The District Registrar, Registration Department, Mayiladuthurai - 609 001, Nagai District,
3. Special Deputy Collector (Stamps), Collectorate Compound, Thanjavur,
4. Inspector General of Registration, Santhome High Road, Chennai - 600 028.
..Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 4th respondent herein to return the original documents to the petitioners in Document Nos.558, 559, 621 and 622/2013 by disposing of petitioners' Appeal dated 09.06.2015 pending on the file of the 4th respondent in the light of Section 47(A)(1) of Indian Stamp Act, 1899 and in the light of Judgment of Hon'ble High Court of Madras (Madurai Bench) in W.P.No.17911 of 2014 dated 7.11.2014 and Judgment in W.P.Nos.6455 and 6456 of 2015 dated 09.03.2015 and Circular No.61083/L1/2004 dated 8.4.2005 of 4th respondent herein within a stipulated period of time as prescribed by this Court.
For Petitioner ..
Mr.K.Shanmugam For Respondents ..
Mr.P.Sanjay Gandhi, Addl.Govt.Pleader
ORDER
Against the fixation of stamp duty having been found deficient as against the one paid by the petitioner, an appeal was filed on 9.6.2015 to the 4th respondent. Now pending the appeal, the petitioner seeks for return of the documents Nos.558, 559, 621 and 622/2013, as held by this Court in W.P.No.17911 of 2014 dated 7.11.2014 and the order made in W.P.Nos.6455 and 6456 of 2015 dated 09.03.2015.
2. Considering the ratio laid down in the above said decisions, which are quite settled, a direction is hereby issued to the 4th respondent to return the documents registered in documents Nos.558, 559, 621 and 622/2013 within a period of four weeks from the date of receipt of copy of this order, subject to the following conditions:
''i. The 4th respondent shall return the documents Nos.558, 559, 621 and 622/2013, which are registered, with an endorsement on the said documents to the effect that a reference under Section 47-A(1) of the Indian Stamp Act is pending; ii. The factum of pendency of the reference under Section 47-A(1) of the said Act in respect of the said documents shall be entered into in the encumbrance register also so as to protect the interests of the purchasers for knowledge;
iii. Pending the final order to be passed under Section 47A(1) of the said Act, there shall be a charge over the property in favour of the Government as per Section 47A(4) of the said Act; iv. After adjudication proceedings are completed including appeal, for which the petitioner is entitled to under the provisions of the Indian Stamp Act and after payment of the amount towards stamp duty ultimately arrived at, necessary endorsement shall be made both in the documents concerned as well as encumbrance register that the proceedings under Section 47-A of the said Act have been terminated;
iv. The respondents are directed to release the documents in question after complying with the above directions; and
v. The 4th respondent shall dispose of the appeal within three months from the date of receipt of a copy of this order.
The writ petition stands disposed of accordingly. No costs. sd/- Assistant Registrar(Cs-VI) /TRUE COPY/ Sub-Assistant Registrar usk To
1. Joint Sub Inspector, Registration Department, Nagai District, Mayiladuthurai - 609 001,
2. The District Registrar, Registration Department, Mayiladuthurai - 609 001, Nagai District,
3. Special Deputy Collector (Stamps), Collectorate Compound, Thanjavur,
4. Inspector General of Registration, Santhome High Road, Chennai - 600 028.
+1 CC to MR.K.Shanmugam Advocate. SR.NO. 4427 +1 CC to Govt.Pleader. SR.NO.4477 W.P.No.509 of 2016 CO-AK JD 08/02/2016