1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2049 of 2011 and M.P.(MD).No.1 of 2011 M.Maheswari : Petitioner Vs 1.The Sub-Collector/Special Tahsildar (Stamps), Tirunelveli District, Tirunelveli. 2.The Sub-Registrar Vikramasingapuram Registration Office Vikramasingapuram Post, Tirunelveli District. : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the original sale deed dated 11.03.2010 in document No.1118/2010 in the office of the second respondent subject to enquiry under Section 47-A of the Stamp Act. For petitioner : Mr.C.Dhanaseelan For Respondent : Mr.M.Govindan Spl.Govt.Pleader O R D E R This Writ Petition has been filed seeking return of document in question pending enquiry under Section 47-A of Indian Stamps Act. 2. The learned counsel for the petitioner would contend that even though the document has been registered till date the original has not been given. Therefore, the present Writ Petition is filed. He would also contend that insofar as the release of document is concerned, it could be ordered with necessary endorsement and similar orders to this effect have also been passed by this Court. He has also produced the Judgments of this Court in Consumer Welfare Association Vs. The State of Tamil Nadu and others reported in 2007-1-L.W. 237 and Sub-Registrar, Registeration Dept Vs. R.Rama, in (2008) 1 MLJ 825. Therefore, he would contend that the document in question should be released forth with. 3. The learned Additional Government Pleader took notice for the respondents and filed a detailed counter affidavit. He would only contend that the document in question is referred to under Section 47(A) of the Act which is pending before the authorities concerned for fixing the actual value. Therefore, they have not released the document. https://hcservices.ecourts.gov.in/hcservices/ 2 4. This Hon'ble Court, on many occasions, has held that after registration is over, even if the document is referred to under Section 47 (A)(1) of the Act, the authority can still release the document in question with an endorsement on the back of the document on condition that the property will not be alienated and there will be charge over the property in respect of the tax payable following the decision. 5. Following the earlier order of this Court made in W.P.(MD). No. 2464 of 2008, the document in question is released with the following conditions:- "(i) The respondents shall release the document in question within a period of two weeks from the date of receipt of a copy of this order with an endorsement stating that the reference under Section 47(A)(1) is pending. (ii) The respondents shall also make necessary entries in the registers showing the pendency of the proceedings under Section 47(A)(1) so as to reflect the same in the encumbrance certificates in the interest of purchasers. (iii) Pending the final order to be passed under Section 47(A)(1), there shall be a charge over the property in favour of the Government as per Section 47(A)(4) of the Act. (iv) After completion of the entire proceedings under Section 47(A) including the appellate remedy available under the same, the petitioners shall pay the amount which is arrived at ultimately and after such payment on production of the original sale deed, the respondents shall make necessary endorsements stating that the entire amount due as per Section 47A has been paid and there is no amount due under the Indian Stamps Act." In view of the above, there will be a direction to the respondents that he shall issue a notice calling upon the petitioner to appear before him within a period of two weeks from the date of receipt of a copy of this order and on such appearance, after following due formalities, the document in question shall be released with all the conditions mentioned at Para:9 of this order, within two weeks thereafter. With the above directions and observations, this Writ Petition is stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Deputy Registrar (Accounts) /True copy/ Assistant Registrar To 1.The Sub-Collector/Special Tahsildar (Stamps), Tirunelveli District, Tirunelveli. 2.The Sub-Registrar, Vikramasingapuram Registration Office Vikramasingapuram Post, Tirunelveli District. +1. CC to Mr.C.Dhanaseelan, Advocate, SR.No. 20083 +1. CC to the Special Government Pleader, Advocate, SR.No. 20183 ssm W.P.(MD).No.2049 of 2011 24.06.2011 TR : 01.07.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/