Tamil Nadu Registrar General v. R. Rajeswari,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.731 of 2014 and M.P.(MD) No.1 of 2014

1. Tamil Nadu Registrar General - cum - Chief Revenue Controlling Officer, Chennai.

2. The Sub Registrar (West), Karur Sub Registrar Office, Karur, Karur District.

... Appellants/Respondents 1 & 3 Vs.

1. R.Rajeswari ... 1st Respondent/Petitioner

2. The Special Deputy Collector (Stamps), Trichirappalli, Trichirappalli District.

... 2nd Respondent/2nd Respondent Writ Appeal filed under Clause 15 of Letter Patent against the order passed by this Court in W.P.(MD)No.3138 of 2014 dated 03.03.2014.

Prayer in WP(MD). 3138/ 2014 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, or any other appropriate writ, by or order or direction, directing the respondents to return the sale deeds dated 25.02.2011 presented by the petitioner for registration on 25.02.2011 after making necessary endorsement with regard to deficit stamp duty if any within a time frame fixed by this Hon'ble Court.

For Appellants : Mr.VR.Shanmuganathan Special Government Pleader For 1st Respondent : Mr.S.Gokul Raj https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J) Challenging the order of the learned Single Judge dated 03.03.2014, made in W.P.(MD) No.3138 of 2014, this Writ Appeal has been filed.

2.The learned counsel appearing for the first respondent would submit that out of the two documents presented by the first respondent, one document has been released pursuant to the payment made under the Samathan Scheme. However, the document, which is the subject matter of the Writ Appeal was not released by quoting the pendency of the writ appeal though the first respondent was ready to make payment under Samathan Scheme. He would further submit that even now the first respondent is ready and willing to pay the amount as per the Samathan Scheme at the relevant point of time.

3.In such view of the matter, this Writ Appeal is disposed of directing the appellants to receive the amount, otherwise payable under the Samathan Scheme at the relevant point of time, with interest, if any, after issuing notice to the first respondent and release the document as per the scheme. 4.The Writ Appeal is disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To

1. Tamil Nadu Registrar General - cum - Chief Revenue Controlling Officer, Chennai.

2. The Special Deputy Collector (Stamps), Trichirappalli, Trichirappalli District.

3. The Sub Registrar (West), Karur Sub Registrar Office, Karur, Karur District.

+ 1 CC TO Mr.S.GOKULRAJ, ADVOCATE IN SR No. 80470 SJ TE/MR-KKR/SAR-I : 28/09/2017 : 2P/5C W.A.(MD)No.731 of 2014 and M.P.(MD) No.1 of 2014 21.09.2017 https://hcservices.ecourts.gov.in/hcservices/