Petitioner sought writ for registration of a sale deed. Court found the sub-registrar had already registered the document. Petition closed as no further order was needed pending stamp duty verification.
Writ petition closed with no order passed as the sale deed was already registered; proceedings pending on stamp duty verification.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Writ Petition No.27566 of 2017 and W.M.P.No.29495 of 2017
A.S.Farhana
.. Petitioner
Vs.
1. The Sub-Registrar,
Guduvancherry – 603 202
Chengalpattu District.
2. The District Registrar,
Chennai South,
Saidapet,
Chennai – 600 015. .. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandmus directing the respondent herein to forthwith and in any event within the time as may be fixed by this Court to register and release the sale deed dated 23.02.2017, beaing Document No.P14/2017 executed by the Official Liquidator, Honourable High Court of Calcutta, bearing the Liquidator of M/s. Business Forms Limited (in liquidation) in favour of the petitioner herein, conveying 36 cents i.e., 15,696 s.ft. Of land, including unfinished dilapidated RCC construction, comprised in S.No.163/1A, New No.163/1A1, Urapakkam Village, Chengalpattu District.
For Petitioner : Mr.M.Venkatakrishnan For Respondents : Mr.R.Govindasamy, Special Government Pleader
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
affidavit and submitted that the subject matter document has already been registered in Document No.12970/2017 and further verification/enquiry is going on to ascertain the market value of the property and if the property is undervalued, action has to be taken under Section 47-A(1) of the Indian Stamp Act,1899, for referring the same to the Collector for determination of true market value under section 47A(2) ibid.
W.P.No.27566 of 2017
TR(27/12/2017)
2 issues framed by the court
Whether the writ petition for registration of sale deed requires further adjudication after the document has already been registered.
What proceedings are necessary under Section 47-A of the Indian Stamp Act if the property is undervalued.
2 provisions across 2 enactments
A.S.Farhana
The Sub-Registrar, Guduvancherry
The District Registrar, Chennai South
K.Ravichandrabaabu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
