Madras High CourtWP(MD)/1181/2014disposed of

Aines Mery v. Teh Sub-Registrar

2021-11-23Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD).No.1181 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.1181 of 2014 Aines Mery ... Petitioner Vs.

The Sub-Registrar, Manapparai Taluk, Trichy District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to return the document No.5494 of 2012 registered on 05.09.2012 on the file of the respondent to the petitioner forthwith.

For Petitioner : Mr.K.Govindarajan For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

This Writ Petition had been filed on 10.01.2014 with respect to a document/sale deed which was presented for registration on 05.09.2012.

2. Mr.N.Satheesh Kumar, learned Additional Government Pleader, appears on behalf of the respondent.

3. It is claimed that the document had been retained by the respondent/the Sub Registrar, Manapparai Taluk, Trichy District on the ground that it had to be referred under Section 47 (a) of the Indian Stamp Act for collection of deficit stamp charges towards the document. Let the authorities proceed in the manner known to law.

4. Let the petitioner herein approach the respondent if at all the cause still survives, and if at all the document had still not been returned to her, and if at all the matter had still not been referred under Section 47 (a) of the Indian Stamp Act, let the respondent give necessary clarifications. If the petitioner has to pay additional stamp duty, she can either pay the said necessary https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.1181 of 2014 stamp duty or she can raise a protest and proceed in the manner known to law. The Writ Court cannot come to the assistance of the petitioner.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Sub-Registrar, Manapparai Taluk, Trichy District.

+1 CC to M/s.K. GOVINDARAJAN, Advocate ( SR-35586[F] dated 24/11/2021 ) +1 CC to M/s.SPL GP ( SR-35656[F] dated 24/11/2021 ) W.P.(MD).No.1181 of 2014 23.11.2021 RD(03.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2