1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8969 of 2011 M.Kalaiselvan ... Petitioner Vs. 1.The Inspector General of Registration, IG of Registration Office, Santhome High Road, Chennai- 28. 2.The Sub-Registrar, Melakarur Sub-Registrar Office, Karur, Karur Distict. 3.The Special Deputy Collector(Stamps), District Collectorate, Karur,Karur District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent herein to release the sale deed dated 12.01.2009 pertaining to the property situated at Karur District, Thanthonimalai, Thirumanilaiyur Village, Old S.F.No.169, New S.F.No.2338, 1st Ward, measuring Acre 1.04 cents, without insisting for further payment of stamp duty within a stipulated period as may be fixed by this Court. For Petitioner : Mr.R.Sundar For Respondents: Mr.TR.Janarthanam,Additional Govt. Pleader O R D E R This writ petition has been filed to direct the second respondent herein to release the sale deed dated 12.01.2009 pertaining to the property situated at Karur District, Thanthonimalai, Thirumanilaiyur Village, Old S.F.No.169, New S.F.No.2338, 1st Ward, measuring Acre 1.04 cents, without insisting for further payment of stamp duty, within a stipulated period. 2. Heard Mr.R.Sundar, learned Counsel appearing for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader, who takes notice for the respondents. 3. The Writ Petition has been filed to direct the second respondent to release the sale deed, dated 12.01.2009, in respect of the property mentioned above. 4. The second respondent Sub-Registrar, Karur, Karur District, is present in Court and states that the original document has been sent to the third respondent for taking appropriate action for the purpose https://hcservices.ecourts.gov.in/hcservices/ 2 of collecting additional stamp duty. He further states that as requested by the petitioner, the document will be released with proper endorsement in terms of the order passed by this Court in W.P(MD)No.3584 of 2009, dated 27.04.2009 and also in terms of 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 judgments, the second respondent is directed to consider the release of document referred above, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Registration, IG of Registration Office, Santhome High Road, Chennai- 28. 2.The Sub-Registrar, Melakarur Sub-Registrar Office, Karur, Karur Distict. 3.The Special Deputy Collector(Stamps), District Collectorate, Karur, Karur District. +1CC to MR.R.Sundar, Advocate, Sr.No.32288 +one cc to Special Government Pleader, Sr.No. 32302 W.P(MD)No.8969 of 2011 20.09.2011 pm/ts/ SMA/30.9.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/