M.Kaja Hussain v. The Inspector General Of Registration

1 WP(MD)No.13846 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.13846 of 2024 M.Kaja Hussain ... Petitioner Vs.

1.The Inspector General of Registration, No.19, Santhome High Road, Chennai - 600 028.

2.The Special Deputy Collector (Stamps), District Collectorate, Madurai.

3.The Sub Registrar, Othakadai, Madurai District. 4.The Authorised Officer cum Chief Manager, Punjab National Bank, Asset Recovery Management Branch, 448-A, Dr.Nanjappa Road, Coimbatore - 18.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to release the sale certificate registered in Doc.No.4713/2015 dated 20.11.2015 to the petitioner without reference to the proceedings which were initiated under Section 47-A, of Indian Stamp Act, 1899 based on the representation of the petitioner dated 10.04.2024 within the time frame fixed by this Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.

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2 WP(MD)No.13846 of 2024 For Petitioner : Mr.M.Karthick For Respondents : Mr.Senthil Ayyanar, Government Advocate for R1 to R3 Mr.V.Balasubramani for R4

ORDER

Heard both sides.

2.The petitioner purchased the petition mentioned property in a SARFAESI sale. The sale certificate was presented for registration on 13.11.2015.. Though it was registered as Document No.4713 of 2015 on 20.11.2015, till date, it has not been released to the petitioner in view of the pendency of the proceedings under Section 47A of the Indian Stamp Act. That led to the filing of this writ petition. 3.It has been held time and again that the registering authority is bound to go by the valuation set out in the sale certificate. Section 47A of the Indian Stamp Act will not apply in such cases. It is true that the petitioner has invoked the jurisdiction of this court belatedly. The doctrine of laches will not apply in this case. The respondents 1 to 3 are directed to release the registered sale certificate to the petitioner forthwith and without any delay. 2/4

3 WP(MD)No.13846 of 2024 4.This writ petition is disposed of. No costs. 21.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Skm To:

1.The Inspector General of Registration, No.19, Santhome High Road, Chennai - 600 028.

2.The Special Deputy Collector (Stamps), District Collectorate, Madurai.

3.The Sub Registrar, Othakadai, Madurai District.

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4 WP(MD)No.13846 of 2024 G.R.SWAMINATHAN,J.

SKM WP(MD)No.13846 of 2024 21.11.2025 4/4