1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.10279 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 T.Sornavalli ... Petitioner Vs. 1. The Inspector General of Registration, Chennai-600 028. 2. The Joint-I Sub Registrar, Sub-Registrar Office, Court Complex, Trichy. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings No.2163/2011 dated 08.07.2011 and quash the same and consequently direct the second respondent to release the original documents No.2163/2011 dated 21.03.2011 to the writ petitioner. For Petitioner : Mrs.J.Maria Roseline For Respondents : Mr.M.Govindan 1 & 2 Special Government Pleader. O R D E R This writ petition has been filed by the petitioner praying to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings No.2163/2011 dated 08.07.2011 and quash the same and consequently direct the second respondent to release the original documents No.2163/2011 dated 21.03.2011 to the writ petitioner. 2. Heard Mrs.J.Maria Roseline, learned Counsel appearing for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner purchased certain property under sale deed registered on 21.03.2011. The sale deed was presented for https://hcservices.ecourts.gov.in/hcservices/ 2 registration and was registered. The document however has not been returned to the petitioner on the ground that it requires to be adjudicated for payment of additional stamp duty. In the meanwhile the petitioner comes before this Court seeking a direction to the authority to release the document in the light of the para No.96 of the judgment of this Court reported in 1998(III) CTC 366 in M.Krishnan and 44 Others Vs. The District Collector, Erode and two others which reads as follows: "96. Whenever a document is registered and referred to the Collector under Section 47-A of the Indian Stamp Act read with Tamil Nadu Stamp (Prevention of Under- valuation of Instruments) Rules, in the absence of statutory rules, the Registering Authority shall forthwith release the original documents with an endorsement that a reference under Section 47-A is pending in respect of the said instruments." 5. In the light of the above said judgment, the second respondent is directed to consider the release of the documents referred above as expeditiously as possible. 6. The writ petition is disposed of as above. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Inspector General of Registration, Chennai-600 028. 2. The Joint-I Sub Registrar, Sub-Registrar Office, Court Complex, Trichy. +1 CC to Mr.Sri Balaji, Advocate (SR.No.30728) W.P(MD)No.10279 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 09.09.2011 ssl NSV/16.9.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/