Ramasamy v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramasamy

...Petitioner

-Vs1.The Sub Registrar, (Document Registration Department), Eral Sub Registrar Office, Thoothukudi District.

2.Annammal

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the 1st respondent to release the document registered in Doc.P/Eral/21/2024 dated 15.11.2024 and hand over the same to custody of the petitioner within stipulated time fixed by this Court. For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1

ORDER

This writ petition has been filed for a direction, directing the first respondent to release the document which was registered vide document No.P/Eral/21/2024, dated 15.11.2024.

2.The learned Special Government Pleader appearing for the respondents submits that on presentation of the settlement deed dated 14.11.2024 and the same was kept in pending document No.21 of 2024. Thereafter, it got registered vide document No.1605 of 2024 dated 03.12.2024. Since the subject property consisting several buildings and as such, it requires inspection by registering authority. Only after inspection, the original documents will be released in favour of the petitioner. If any deficit stamp duty, it would be referred under Section 47-A(1) of the Indian Stamps Act.

3.In view of the above, the first respondent is directed to release the document after following due process of law within a period of two weeks from the date of receipt of a copy of this order.

4.With the above said directions, this writ petition stands disposed of. No costs.

04.12.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR

G.K.ILANTHIRAIYAN. J, RJR To The Sub Registrar, (Document Registration Department), Eral Sub Registrar Office, Thoothukudi District.

04.12.2024