K.Thilakavathy, v. The Inspector General of
Case brief
What is this about?
This High Court of Madras, by an order dated 12.04.2016, disposed of a writ petition seeking direction to return a registered sale deed. Relying on a prior 2012 decision, the court held that registration authorities have no right to retain the document and ordered its return to the petitioner after necessary endorsement regarding pending stamp act proceedings.
What did the court decide?
Order direct respondents to return the original registered sale deed within one week of receipt of the order, after making necessary endorsement about pendency of proceedings under Section 47-A of the
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
Writ Petition No.13241 of 2016
K.Thilakavathy ... Petitioner
vs.
1.The Inspector General of
Registration,
Santhome,
Chennai-4.
2.The Sub Registrar,
Adyar,
Chennai-20. ... Respondents
Writ petition has been filed under Article 226 of the
Constitution of India, praying for a Writ of mandamus, directing
the respondents to release and return to the petitioner the
sale deed dated 24.2.2016 registered as document No.460 of 2016
on 26.2.2016 in the office of the second respondent.
For Petitioner : Mr.R.Prabakaran
For Respondents : Mr.P.Sanjay Gandhi,
Addl. Govt. Pleader.
ORDER
By consent, the main writ petition itself is taken up for final disposal.
- The petitioner has come up with the present writ petition for a mandamus, directing the respondents to release and return the sale deed dated 24.2.2016 registered as document No.460 of 2016 on 26.2.2016 in the office of the second respondent to her.
- The case of the petitioner, in brief, is as
Issues for consideration
1 issue framed by the court
Whether respondent registration authorities are justified in retaining a registered sale deed pending proceedings under Section 47-A of the Indian Stamp Act.
Parties & counsel
- petitioner
K.Thilakavathy
- respondent
The Inspector General of Registration
- respondent
The Sub Registrar
Coram
Case details
As recorded by the court registry
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