Disposed

Vijay Mines, v. the Sub Registrar, Salavakkam

Madras HC2 Apr 2024WP/5157/2024

Case brief

AI extract

What is this about?

Writ petition seeking direction to register a sale deed left pending by the Sub-Registrar. The court held that documents other than those under Sections 22-A and 22-B of the Registration Act must be registered as of right; if undervaluation is suspected, the Registrar must refer the matter to the Stamp Collector under Section 47A rather than keep the document pending. Directed registration within

What the court decided

AI extract

Vijay Mines, Vs the Sub Registrar, Salavakkam — Property and Title | Madras HC (2024)

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WP.No.5157 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.04.2024

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CORAM

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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WP.No.5157 of 2024

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Vijay Mines Partnership Firm Represented by its Partner Mr.M.S.Elangeswaran Having its Office at No.5/17 Velachery Road, Little Mount Saidapet, Chennai – 600 015 .. Petitioner

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Versus

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1.The Sub Registrar, Salavakkam Sub-Registrar Office 2/1A, Thottakara Street Salavakkam – 603 107

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2.The District Registrar No.17, Rajaji Street Chengalpattu HO Chengalpattu – 603 001

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3.The Inspector General of Registration No.100, Santhome High Road, Chennai – 600 028 .. Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose of the petitioner's representation dated 20.01.2024 within a time frame to be fixed by this Court and further direct the 1^st respondent to register the sale deed dated 08.01.2024 presented to the 1^st respondent pending disposal of the representation by the respondents herein.

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https://www.mhc.tn.gov.in/judis

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WP.No.5157 of 2024

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For Petitioner : Mr.A.Suganya For Respondent : Mr.Yogesh Kannadasan Special Government Pleader

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ORDER

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This writ petition is filed for a direction to the respondents to dispose of

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the petitioner's representation dated 20.01.2024 and also directing the 1^st respondent to register the sale deed dated 08.01.2024 presented to the 1^st respondent pending disposal of the representation by the respondents herein.

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It is the grievance of the writ petitioner that when the sale deed was presented on 11.01.2004, the same has not been registered nor rejected and further no proceedings has been initiated under Section 47 of the Indian Stamp Act, 1899. Hence, seeks a direction.

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Now, it is well settled that any document is presented for registration except the powers provided under Sections 22-A and 22-B of the Registration Act of the document cannot be refused to be registered as a matter of right and even the document is under valued and the Registrar has reasons to believe that value has been undervalued, it is the duty of Registrar to refer the matter to the Stamp Collector. Without following the procedure, as a matter of right, document cannot be kept pending.

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Accordingly, the Sub-Registrar/first respondent is directed to

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https://www.mhc.tn.gov.in/judis

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WP.No.5157 of 2024

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register the document and release the same. In the event, he has reasons to believe that the value has been undervalued, he has to take a recourse to the proceedings under Section 47A of the Indian Stamp Act by referring the matter to the Stamp Collector for determining the correct value. The registration shall be completed within a period of two weeks from the date of receipt of a copy of this Order.

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Accordingly, this writ petition stands disposed of. No costs.

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02.04.2024

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dhk Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No

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To,

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1.The Sub Registrar, Salavakkam Sub-Registrar Office 2/1A, Thottakara Street Salavakkam – 603 107

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2.The District Registrar No.17, Rajaji Street Chengalpattu HO Chengalpattu – 603 001

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N. SATHISH KUMAR, J.

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https://www.mhc.tn.gov.in/judis

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WP.No.5157 of 2024

dhk

3.The Inspector General of Registration No.100, Santhome High Road, Chennai – 600 028

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W.P.No.5157 of 2024

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02.04.2024

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https://www.mhc.tn.gov.in/judis

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Vijay Mines, v. the Sub Registrar, Salavakkam

Case brief

What is this about?

What the court decided

Vijay Mines, v. the Sub Registrar, Salavakkam

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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