1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI Writ Petition(MD)No.1955 of 2011 J.Feroz Gandhi ... Petitioner Vs. 1.The Special Deputy Collector (Stamps) Tuticorin. 2.The Sub Registrar, Nazareth, Tuticorin District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents to release the registered sale deed dated 24.07.2000 in Document No.773/2000. For Petitioner : Mr.J.Ashok For Respondents : Mr.T.S.Mohammed Mohideen, Special Government Pleader. ORDER The petitioner is stated to have purchased property in S.No.61A/4B, Ward No.7, to an extent of 4713.19 square feet with a house and pathway to an extent of 316.75 square feet in Nazerath Village, Tuticorin District from his vendors Vincent Moses Swami Dasan and Joyce Kamalam and the same was presented for registration on 24.07.2000 and the Sub Registrar has also registered the same as Document No.773 of 2000. 2.The case of the petitioner is that he has paid the stamp duty of Rs.24,000/- by valuing the property as Rs.2,00,000/-. Therefore, according to the petitioner, it is a guideline value. It is seen that the second respondent has entertained the doubt about the valuation of the property. In these circumstances, the second respondent has referred the issue to the first respondent/ Special Deputy Collector (Stamps) for the purpose of ascertainment of the actual market value of the property under Section 47(A)(1) of the Indian Stamps Act, 1989. Even though the document was registered in the year 2000 itself, the respondents are keeping the documents, without releasing the same. In view of the same, the present writ petition is filed for a direction against the respondents to return the documents. 3.Law is well settled that when once the document is placed for registration, even though it is not for the Registrar to make the roving enquiry about the dispute, where the Registrar has a doubt about the valuation, it is for the Registrar to register the document and https://hcservices.ecourts.gov.in/hcservices/ 2 thereafter, refer the document to the Collector for the purpose of ascertainment of valuation under Section 47(A)(1) of the Indian Stamp Act, and therefore, the Registrar has no right to retain the document. 4. In view of the same, the writ petition is disposed of with the following directions:- (i) The second respondent shall return the document registered as document No.773/2000, 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 second respondent 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 petitioner shall pay the amount which is arrived at ultimately and after such payment on production of the original sale deed, the second respondent shall make necessary endorsements stating that the entire amount due as per Section 47(A) has been paid and there is no amount due under the Indian Stamps Act. No costs. Consequently, connected miscellaneous petition is closed. sms Sd/- Deputy Registrar[Writs] /True copy/ Assistant Registrar To 1.The Special Deputy Collector (Stamps) Tuticorin. 2.The Sub Registrar, Nazareth, Tuticorin District. Writ Petition(MD)No.1955 of 2011 Dated:11.08.2011 2P/3C RPB 29.08.2011 https://hcservices.ecourts.gov.in/hcservices/