Abdul Hakeem v. The Deputy Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Abdul Hakeem ... Petitioner Vs.

1.The Deputy Inspector General of Registration, 2nd Floor, Government Multi Storied Building, Kajamalai, Trichy District - 620 020.

2.The Sub-Registrar, Keezhsathanur, Trichy District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to register and release the sale deed dated 26.03.2025 in Doc. No.TP/213905260/2025 presented before the second respondent, forthwith. For Petitioner : Mr.K.Prabhakar For Respondents : Mr.S.Saji Bino Special Government Pleader 1/5

ORDER

The present writ petition is filed for writ of Mandamus to direct the second respondent to register and release the sale deed, dated 26.03.2025.

2. The contention of the petitioner is that the respondents had stated that there is a deficiency in the stamp, but has not granted any written rejection slip. For such reason of deficient stamps, the respondents cannot keep the sale deed pending.

3. The learned Special Government Pleader for the respondents submitted that for deficient stamps the deed would be registered but the deed cannot be released until the proceedings are over. But the Learned Counsel appearing for the petitioner submitted that the respondents' own Circular No. 22482/C1/2022, dated 12.07.2024 has directed the Sub Registrar to register and release the said deed, hence the respondents cannot deny to releasing the deed.

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4.After hearing the rival submissions, this Court is of the considered opinion that the respondents cannot deny to register the deed for deficient in stamps, therefore the respondents are directed to register the sale deed. As far as deficiency in the stamp, the respondents shall refer the document to Collector (Stamps) under section 47A of the Indian Stamp Act. The Collector (Stamps) Collector is directed to pass orders in accordance to law within a period of two months. As far as the releasing of document is concerned, the Collector (Stamps) after completion of proceedings, shall release the documents.

5. The writ petition stands disposed of with the above direction. No costs.

05.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn/mac 3/5

To 1.The Deputy Inspector General of Registration, 2nd Floor, Government Multi Storied Building, Kajamalai, Trichy District - 620 020.

2.The Sub-Registrar, Keezhsathanur, Trichy District.

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S.SRIMATHY, J.

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