1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.10837 of 2011 and M.P.(MD) No.1 of 2011 P.Mariappan .. Petitioner Vs. 1.The Inspector General of Registration, 100, Santhome High Road, Chennai. 2.The Special Deputy Collector (Stamps), Kokkirakulam, Tirunelveli. 3.The Sub-Registrar, Sub Registrar Office, Melapalayam, Tirunelveli District. .. Respondents Writ petition filed under Article 226 of the Constitution, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.104/2011 dated 26.4.2011 passed by the third respondent and to quash the same and further direct the respondents 2 and 3 to issue certified copies of the Sale Deeds registered in Book-1 as per Section 57 of the Registration Act, in the cases where documents are pending under Section 47(A) of the Stamp Act, is pending. For Petitioner : Mr.H.Arumugam For Respondents : Mr.B.Pugazhendhi, Special Government Pleader O R D E R The petitioner has come up with the above writ petition, challenging an order passed by the third respondent, refusing to provide certified copies of three documents registered as document Nos.1920, 1921 and 1922 of 2010, on the ground that these documents have been referred to the Special Deputy Collector (Stamps) under Section 47-A of the Indian Stamp Act. 2. Heard Mr.H.Arumugam, learned counsel for the petitioner and Mr.B.Pugazhendhi, learned Special Government Pleader for the respondents. 3. The petitioner filed applications for the grant of certified copies of three Sale Deeds registered as document Nos.1920, 1921 and 1922 of 2010. The petitioner is not a party to these documents. But his claim is that he is a co-owner of the properties covered by these Sale Deeds and that behind his back, the Sale Deeds https://hcservices.ecourts.gov.in/hcservices/ 2 have been executed. In other words, the purpose of the plaintiff seeking certified copies of these documents is to challenge the validity of these documents in a Civil Court. 4. Section 57 (1) of the Registration Act, 1908, enables the Registering Officers to provide certified copies of the entries in Book Nos.1 and 2, to all persons applying for such copies. Therefore, the entitlement of the petitioner, who is a third party to the documents in question, cannot be doubted, as the certified copies sought by the petitioner are in respect of Sale Deeds which are registrable in Book No.1. 5. The only ground on which the request of the petitioner has been rejected is that an adjudication is pending in Section 47-A of the Indian Stamp Act. But the same cannot be an impediment for a third party to seek a certified copy, when he wants to challenge the document. It may be a different matter if the executant or the claimant of the document seeks a certified copy, in order to avoid payment of deficit stamp duty adjudicated under Section 47-A. Since in this case, the request has come from a third party who wants to challenge the right of the executants of the documents, the same cannot be denied. 6. In view of the above, the writ petition is allowed, the impugned order is set aside and the third respondent is directed to furnish certified copies of the document sought for by the petitioner upon payment of necessary charges within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai. 2.The Special Deputy Collector (Stamps), Kokkirakulam, Tirunelveli. 3.The Sub-Registrar, Sub Registrar Office, Melapalayam, Tirunelveli District. W.P(MD) No.10837 of 2011 20.10.2011 Svn NSV/31.10.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/