R. Sellamuthu v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.8216 of 2025 R.Sellamuthu ..Petitioner Vs 1.The Inspector General of Registration, No.100, Santhom High Road, Chennai - 28.

2.The District Registrar (Administration), Trichy District.

3.The Sub Registrar, Maruthandakurichi Sub Registrar Office, Trichy.

4.The Deputy Collector (Stamps), Collectorate, Trichy.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to consider the petitioner's representation dated 02.07.2024, consequently, release his original registered sale deed in Document No.4133/2001 dated 24.12.2001 within a time frame that may be fixed by this court.

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For Petitioner : Mr.K.Arunraj For Respondents : Mr.P.T.Thiraviam Govt. Advocate

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to consider his representation dated 02.07.2024 and, consequently, release his original registered sale deed in Document No. 4133/2001 dated 24.12.2001.

2. The case of the petitioner is that he had registered a document in respect of Plot No. 73, measuring an extent of 560 square feet, comprised in S.No. 9/54 Part situated in Block No. 8, Ward-B, Nawab Thottam, Nesavalar Colony, Trichy, vide Document No. 4133/2001 dated 24.12.2001. Though the said document was registered, it was not returned to him. Hence, the petitioner caused an enquiry and came to know that the document had been referred under Section 47A1 of the Stamp Act. The petitioner gave a representation on 02.07.2024, seeking release of the original. As the same was not considered, the present writ petition is filed. 2/5

3. When the matter was taken up for admission, Mr.P.T.Thiraviam reported that the document, perhaps, is available in the office of the Collector (Stamps) and that the department will make efforts to retrieve the same. Taking into consideration his submission, I adjourned the matter.

4. When the matter came up for hearing on 22.04.2025, Mr.P.T. Thiraviam reported that, for reasons beyond the control of the respondent, the original documents had been lost. Hence, he submitted that the respondent would issue a certified copy of the documents with an endorsement that the original has been lost and therefore, the certified copies be treated as original. This course of action is agreeable to Mr.K.Arunraj. I adjourned the matter.

5. When the matter was called today, Ms.J.Lavanya, Sub Registrar, Uraiyur, who is in-charge of the third respondent's office, is present before this court. She produced a certified copy of the document with the necessary endorsement. In addition, she also produced an Encumbrance Certificate, stating that the certificate has been issued as the original has been lost.

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6. The certified copy, certifying that the original is lost, and the Encumbrance Certificate has been handed over to Mr.K.Arunraj and he has also duly acknowledged the receipt of the same.

7. As the grievance of the has been redressed, the writ petition is disposed of. No costs.

25.04.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Inspector General of Registration, No.100, Santhom High Road, Chennai - 28.

2.The District Registrar (Administration), Trichy District.

3.The Sub Registrar, Maruthandakurichi Sub Registrar Office, Trichy.

4.The Deputy Collector (Stamps), Collectorate, Trichy.

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V.LAKSHMINARAYANAN, J.

skn Writ Petition(MD)No.8216 of 2025 25.04.2025 5/5