Disposed

K.Ravi, v. The Sub Registrar

Madras HC10 Dec 2015WP/31154/2015

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking the return of an original sale deed held under Section 47-A of the Stamp Act. The Court disposed of the matter by directing the respondent to return the document on terms identical to those laid down in an earlier order.

What did the court decide?

Writ petition disposed of directing the respondent to return the original sale deed document subject to conditions mirroring W.P.No.32455 of 2013.

K.Ravi, Vs The Sub Registrar — Property and Title | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.12.2015

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CORAM

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THE HON'BLE MR. JUSTICE M.M.SUNDRESH

W.P.No.31154 of 2015

K.Ravi

... Petitioner

Vs.

The Sub-Registrar, Joint-I Chengalpet Sub-Registry, Chengalpet, 2. The District Revenue Officer (Stamps), Collectorate, 5th Floor, Singaravelar Maaligai, Chennai-1. ... Respondents

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Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 1st respondent to return the original sale deed document No.2357 of 2015 (P.No.0043 of 2015) within reasonable time.

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For Petitioner : Mr.S.Sivakumar

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For Respondents: Mr.R.A.S.Senthilvel, Addl.Govt.Pleader O R D E R

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The issue involved in this writ petition is no longer res integra. The document of the petitioner is registered as Document No.2357 of 2015 with the 1st respondent and the same has been referred under Section 47A(1) of the Stamp Act and for that reason the same has not been released.

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Considering the similar issue, this Court placing reliance upon earlier orders has held in W.P.No.32455 of 2013 by order dated 9.1.2014 in following manner:

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''7.Accordingly, the respondent is directed to return the sale deed registered as Document No.2044 of 2013, within a period of two weeks from the date of receipt of a copy of this order, subject to the following conditions:

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"i) The Registering Authority while releasing

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https://hcservices.ecourts.gov.in/hcservices/

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the documents, shall make necessary endorsement on the original document to the effect that the proceedings under section 47-A of the Act are pending.

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ii) The Registering Authority shall make necessary entries in the register maintained regarding the pendency of 47-A proceedings in respect of the documents subject matter of the registration so as to reflect the same in the Encumbrance Certificate for the benefit of the purchasers.

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iii) Pending final decision in respect of the valuation under section 47-A(i), as per Section 47-A (4), there shall be a charge over the properties in favour of the Government in respect of the unpaid value of the stamp duty.

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iv) After the entire proceedings under section 47-A are completed, on production of the original documents by the petitioner, the Registering Authority shall make necessary endorsement removing the earlier endorsement clearly stating that the entire amount of stamp duty under the documents have been paid in full and return the same.

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v) After such endorsement, the Registering Authority shall make necessary entry of the completion of 47-A proceedings in the register maintained by them so as to reflect the same in the Encumbrance Certificate."

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Further, the respondent is at liberty to finalise the proceedings initiated under section 47 A of the said Act, as expeditiously as possible.

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The Writ Petition is ordered accordingly. No costs.

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Therefore, this writ petition stands disposed of on the very same terms. No costs.

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True Copy

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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The Sub-Registrar, Joint-I Chengalpet Sub-Registry, Chengalpet,

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The District Revenue Officer (Stamps),
Collectorate,
5th Floor, Singaravelar Maaligai,
Chennai-1.
+1cc to S.Sivakumar, Advocate Sr.66363
+1cc to The Government Pleader Sr.66601
W.P.No.31154 of 2015
vs[co]
srg 14/12/2015

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https://hcservices.ecourts.gov.in/hcservices/

K.Ravi, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

K.Ravi, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

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