1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)Nos.9633 to 9635 of 2011 Jhumar Mal Bothra .. Petitioner in W.P(MD)No.9633 & 9634/2011 Meera Jain .. Petitioner in W.P(MD)No.9635 of 2011 Vs. 1.The Chief Controlling Revenue Authority cum Inspector General of Registration, Chennai. 2.The Special Deputy Collector(Stamps), Virudhunagar. 3.The Sub-Registrar, Registration Department, Sivakasi,Virudhunagar District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to forthwith return document No.3353, 3354 and 3355 of 2004, dated 30.06.2004 registered on the file of the third respondent to the petitioner. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.TR.Janarthanam, Additional Govt. Pleader COMMON ORDER All the three Writ Petitions have been filed to direct the respondents to return the document No.3353, 3354 and 3355 of 2004, dated 30.06.2004 registered on the file of the third respondent to the petitioners. 2. Heard Mr.G.R.Swaminathan, learned counsel for the petitioners and Mr.TR.Janarthanam, learned Additional Government Pleader, who takes notice for the respondents. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. All the three Writ Petitions have been filed for a direction to the respondents to return the registered documents mentioned therein, to the petitioners. 5. In the decision in B.Rajappa and another vs. The Special Deputy Collector(Stamps), Madras-1 and two others reported in 2002(3) CTC 544, certain directions have been issued to the Registering Authority in paragraph No.15, which reads as follows: 15. While appreciating the anxiety expressed on behalf of the State by the learned Advocate General, this Court directs that:- "i) It is open to the Registering Authority to affix a seal, while releasing the original deed or conveyance or any https://hcservices.ecourts.gov.in/hcservices/ 2 other document indicating that a reference is pending under Section 47-A with respect to under-valuation and assessment of Stamp Duty payable, 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 pendency of proceedings under Section 47-A. (iii) On completion of adjudication as to 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 deficit stamp duty according to law. (iv) Till such proceeding reaches 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 Section 54, 55 etc., of the Registration Act." 6. In view of the above, the third respondent is directed to strictly comply with the direction of this Court as above and consider the claim of the petitioners forthwith, if there is no other impediment in law. 7. With the above direction, the Writ Petitions are disposed of. No Costs. Sd/- Assistant Registrar(W) /TRUE COPY/ Sub Assistant Registrar To 1.The Chief Controlling Revenue Authority cum Inspector General of Registration, Chennai. 2.The Special Deputy Collector(Stamps), Virudhunagar. 3.The Sub-Registrar, Registration Department, Sivakasi, Virudhunagar District. W.P.(MD)Nos.9633 to 9635 of 2011 26.08.2011 pm PA/08.09.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/