The District Registrar, v. S.Geetha Ranjani,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD).Nos.260 and 1150 of 2016 & C.M.P.(MD).Nos.7252 and 1354 of 2016
1. The District Registrar, Office of the District Registrar, Trichy.
2. The Sub-Registrar, Office of the Sub-Registrar, Lalgudi, Ariyalur District. ...Appellants/Respondents in both appeals Vs.
S.Geetha Ranjani ... Respondent/Petitioner in both appeals PRAYER: Writ Appeals are filed under Clause 15 of Letters Patent against the order dated 05.11.2014 passed in W.P.(MD). Nos.17794 and 17795 of 2014.
Prayer in WP(MD). 17794/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the second respondents to return the original sale deed dated vide deed of sale Doc.No.P. 201300161/2013 onwed by the petitioner within a reasonable time and pass such further order or orders.
Prayer in WP(MD). 17795/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the second respondent to return the original sale deed dated Vide deed of sale Doc. No. P 201400032 / 2014 owned by the petitionr within a reasonabel time. For Appellants : Mr.M.Murugan (in Both Appeals) Government Advocate.
For Respondent : Mr.R.Gandhi, Senior Counsel (in Both Appeals) for Mr. CD.Muralikrishnan
COMMON
JUDGMENT
[Common Judgment of the Court was delivered by M.M.SUNDRESH,J] Considering the entire issues being interlinked, they have been taken up together and disposed of by this common order.
2. The writ appeals have been filed against the order of the learned Single Judge by which, the writ petitions were allowed on a wrong premises that the Registering Authority and the Collector have wrongly withheld the document for non payment of stamp duty. To put it different, the scope of Section 47 (A) of the Indian Stamp Act was dealt with by the learned Single Judge, while allowing the Writ Petitions, which apparently was done at the time of admission itself. The facts are otherwise, the documents have not been registered and released, as there are subject matter of the proceedings involving M/s.Kalaimaghal Sabha, this was done in pursuant to the circular issued by the Inspector General of Registration, dated 10.12.2009, which in turn come into being in compliance of the orders passed by this Court in Memo Nos.307 and 308 in W.P.No.
514 of 1999, dated 29.10.2009, which is extracted hereunder:- "3. As far as the second prayer is concerned, the Joint Receivers are directed to furnish a list of properties district-wise located in the State to the learned Special Government Pleader, Who shall in turn give necessary instructions to the second respondent to circulate the details of the properties to all his subordinates viz. The Sub Registrars wherever the properties of Kalaimaghal Sabha is located and give a further direction that registration of any of the properties of Kalaimaghal Sabha should not be effected without reference to the Joint Receivers."
W.P.(MD).Nos.28040 and 28041 of 2015 have been filed challenging the circulars issued by the Inspector General of Registration referred supra.
3. From the above it is clear that the learned Single Judge passed an order on a wrong understanding of facts. Unfortunately, the real facts are not brought to the learned Single Judge, as the order was passed on a wrong presumption that the documents have been registered, but not released on the ground of under valuation. As discussed above, the official receiver of Kalaimagal Sabha has not been arrayed as party respondent. Secondly, real facts have not been placed before the learned Single Judge.
4. In such view of the matter, we set aside the order passed by the learned Single Judge, in W.P.(MD).Nos.17794 and 17795 of
2014 respectively. Secondly, the matters stand remitted to the leaned single Judge dealing with the afore-said matters as per the roster to be decided afresh. Kalaimaghal Sabha, represented by its Official Receiver, Office at New No.17 (Old No.48), North Usman Road, T.Nagar, Chennai-17 is arrayed as party respondent in the writ petitions by the order of this Court. The learned counsel appearing for the petitioners in W.P.(MD).Nos.17794 and 17795 of 2014 is directed to serve papers on the counsel appearing for the impleaded respondent. Registry is directed to amend the cause title in W.P.(MD).Nos.17794 and 17795 of 2014 and post the writ petitions before the learned Single Judge dealing with the matters on 10.10.2017. The writ appeals are disposed of accordingly. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To
1. The District Registrar, Office of the District Registrar, Trichy.
2. The Sub-Registrar, Office of the Sub-Registrar, Lalgudi, Ariyalur District.
Copy to:
1. The Assistant Registrar(Writs), Madurai Bench of Madras High Court, Madurai.
2.The Section Officer,(Writ Posting) Madurai Bench of Madras High Court, Madurai.
+2ccs to Mr.M.Gnanasekar, Advocate in SR.Nos.80143,80142 +1cc to The Special Government Pleader in SR.No.79880,79875 jikr AE/SV MMS/SAR1/03.10.2017/3P/8C Judgment made in W.A.(MD).Nos.260 and 1150 of 2016 & C.M.P.(MD).Nos.7252 and 1354 of 2016