IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2010 Coram The Hon'ble Mr. Justice R.SUDHAKAR W.P.Nos.4371 to 4375, 5117 to 5120 and 5312 to 5316 of 2008 EVP Housing Chennai Pvt Ltd, 23, Sir Thiyagaraya Road, Pondy Bazzar, Chennai 600 017. .. Petitioner in W.P.Nos.4371 to 4375/08, 5118 to 5120/08 EVP Estates and Properties Development Ltd., No.15.Y Block Main Street, Anna Nagar, Chennai 600 040. .. Petitioner in WP.Nos.5117, 5312 to 5316/08 Vs. The Sub Registrar O/o. the Sub Registrar, Pammal, Chennai. .. Respondent in all wps. Petitioner presented under Act 226 of the Constitution of India, Praying this court to issue a writ of Mandamus directing the respondent to release and hand over the sale Deed registered on i) 8/2/06 bearing Document No.374/06 ii) 2/2/06 bearing Document No.291/06 iii) 3/2/06 bearing Document Nos.319/06, 320/06 and 321/06 iv) 18.6.07 bearing Document No.3049/07 v) 6/2/06 bearing Document Nos. 343/06 344/06 and 345/06 vi) 10/2/06 bearing Document Nos.410/06, 411/06, 412/06 and 413/06 vii) 27/7/07 bearing Document Nos.3668/07, 3658?07, 3659/07, 3660/07 3661/07, 3662/07, 3663/07, 3664/07, 3665/07, 3666/07, 3667/07 and 3669/07. viii)25/11/05 bearing Document Nos.4387/05, 4392/05, 4379/05, 4378/05, 4389/05, 4390/05, 4384/05, 4391/05, 4380/05, 4382/05, 4381/05, 4386/05, 4385/05, 4383/05 and 4388/05. https://hcservices.ecourts.gov.in/hcservices/ ix) 7/2/06 bearing Document No.350/06 x) 28/10/05 bearing Document Nos.4077/05, 4078/05 and 4079/05 xi) 23/11/05 bearing Document Nos.4348/05, 4349/05 and 4350/05 xii) 21/4/06 bearing Document No.1541/06 xiii) 8/2/06 bearing Document No.372/06 and xiv) 9/11/05 bearing Document Nos.4173/05, 4174/05 and 4174/05 respectively in Sub Registrar Office, Pammal to the Petitioner. For Petitioner .. Mr.Kuberan for M/s. Rank Associates in all WPs. For Respondent .. Mr. B. Vijay Govt. Advocate in all WPs. ORDER Writ Petition in WP No. 4371 of 2008 is filed to direct the respondent to release and hand over the sale deed/s registered on 8.2.2006 bearing document No.374/2006 in Sub Registrar office in pammal to the petitioner 2. All the writ petitions have been filed to direct the authority to release the sale deeds registered on the respective dates mentioned in the writ petitions. Hence all the writ petitions are taken up together and disposed of by this common order. The factum of registration of the documents is not disputed. The department was not releasing the documents on the ground that proceedings under Section 47-A of the Stamps Act were pending. 2. Mr. B. Vijay, learned Government Advocate appearing for the respondents states that final orders in the proceedings initiated under Section 47-A of the Stamps Act have already been passed. It is open to the petitioner to challenge the said order in accordance with law. 3. According to the learned counsel for the petitioners, the issue relating to the release of documents is covered by the judgment reported in 2002 (3) CTC 544 (B.Rajappa and another vs. The Special Deputy Collector (Stamps) and others). https://hcservices.ecourts.gov.in/hcservices/ 4. Based on the above said order, several orders have been passed by this Court. One such order is passed on 23.12.2009 in W.P.No.26799 of 2009. 5. Hence, in view of the aforesaid order, the authority concerned is directed to release the registered sale deeds, which are subject matter of the above writ petitions to the respective petitioners subject to the following directions: i) It is open to the Registering Authority to affix a seal, while releasing the original deed or conveyance or any other document indicating that a reference is pending under Section 47-A with respect to under valuation and assessment of Stamp Duty payable, and as and when the proceedings reach finality, the same shall be intimated to the person who is liable to pay stamp duty demanding payment of deficit Stamp Duty payable on the instrument. ii) The Registrar to make corresponding entries under Sections 54, 55 of the Registration Act, 1908, in the Register of indexes as to the pendency of proceedings under Section 47 - A. iii) On completion of adjudication as to the under- valuation by the competent authority as well as appeal or revision, if any, thereof, and depending upon the ultimate decision, the said authorities to recover the deficit stamp duty according to law. iv) Till such proceedings reach finality and deficit is paid, there will be a charge for the deficit stamp duty, which is the subject matter of transfer or conveyance. v) On payment of deficit stamp duty, if any payable, the Registrar may once again, on production of the original deed of transfer, make appropriate entry and recording the additional stamp duty paid and release of charge and also make consequential entries in the registers/indexes maintained under Sections 54, 55, etc., of the Registration Act. These writ petitions are disposed of as above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ ra To THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, PAMMAL CHENNAI. + 3 ccs to M/s. Rank Associates in SR.86613, 86614, & 86615 + 3ccs to Government Pleader Sr.86204, 86205 & 86209. WP Nos. 4371 to 4375, 5117 to 5120 and 5312 to 5316/2008 KSJ(CO) EU 4.3.11 https://hcservices.ecourts.gov.in/hcservices/