Geethamani .G v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/09/2024

CORAM

The Hon`ble Mr.Justice N.SATHISH KUMAR G.Geethamani ... Petitioner Vs

1. The District Registrar, Registration Department, Dindigul District.

2. The Sub-Registrar, Athur Sub-Registrar Office, Dindigul District.

... 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 2nd respondent to return the sale deed in bearing Registered Document number 70/2022 dated 31.10.2022 to the petitioner within a stipulated time.

For Petitioner : Mr.A. Chandrakumar, For Respondents : Mr.P.Subbaraj Special Government Pleader 1/4

ORDER

The writ petition has been filed for a Mandamus to direct the 2nd respondent to return the sale deed in bearing Registered Document number 70/2022 dated 31.10.2022 to the petitioner within a stipulated time.

2. The petitioner sold the property to one Sakthivel on 31.10.2022 and the same has been registered in Doc.No.70/2022. However the document has not been released till now. Hence, the petitioner is before this Court with this writ petition.

3. When the matter came up for hearing today, the learned Special Government Pleader, on instructions, submitted that a suit in OS No. 107/2022 is pending on the file of the District Court, Dindigul. Therefore, the document is not released.

4. Mere pendency of suit is not a ground to hold the document, unless there is a stay in this regard by the competent Court. Hence, there shall be a direction to the respondents to release the document within a 2/4

period of one week from the date of receipt of a copy of this order, if no other proceedings has been initiated under Section 47A of the Stamp Act. If any proceedings is initiated under Section 47A of the said Act, the same shall be concluded within a period of three months from the date of receipt of a copy of this order.

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

12.09.2024 RR TO

1. The District Registrar, Registration Department, Dindigul District.

2. The Sub-Registrar, Athur Sub-Registrar Office, Dindigul District. 3/4

N.SATHISH KUMAR,J RR

ORDER

IN WP(MD) No.14932 of 2023 Date : 12/09/2024 4/4