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Madras High CourtWA/2154/2021disposed of

The Sub Registrar v. V. Kannika

2024-07-25Honourable Mr Justice S.M. Subramaniam,Honourable Mr.Justice C.Kumarappan6 pages

2024:MHC:2859

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-07-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE C.KUMARAPPAN And CMP Nos.13580 and 13585 of 2021 The Sub Registrar, Thirupporur, Kancheepuram District.

.. Appellant in both WAs -vsMrs.V.Kannika .. Respondent in both WAs Writ Appeals are preferred under Clause 15 of the Letters Patent against the common order passed by this Court in WP Nos.33220 and 33219 of 2015 dated 30.10.2015.

For Appellant in both WAs : Mr.U.M.Ravichandran, Special Government Pleader.

For Respondent in both WAs : Mr.M.S.Govindarajan

C O M M O N J U D G M E N T [COMMON JUDGMENT OF THE COURT WAS DELIVERED BY S.M.SUBRAMANIAM, J.] The common order dated 30.10.2015 in the writ petitions, is under challenge in the present Writ Appeals.

2. The learned Single Judge, directed the respondent to release the document of the petitioner with the endorsement that it is subject to pendency of the proceedings under Section 47-A of the Indian Stamp Act. The legal position under went changes.

3. As of now during the pendency of the proceedings under Section 47-A of the Indian Stamp Act, the Registering Authority is not obligated to release the document of the petitioner.

4. That being so, if the subject document has not been released, then the respondent is at liberty to approach the Competent Authority for

disposal of the proceedings initiated under Section 47-A of the Indian Stamp Act.

5. It is made clear that the appellant need not release the subject document unless proceedings under Section 47-A of the Indian Stamp Act, stands disposed of.

6. With the above clarifications, the present Writ Appeals stand disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. (S.M.SUBRAMANIAM,J.) (C.KUMARAPPAN,J.) 25-07-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To The Sub Registrar, Thirupporur, Kancheepuram District.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

Svn WA Nos.2154 and 2157 of 2021

25-07-2024