1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10803 of 2011 P.Grace Jeyanthi ... Petitioner Vs. 1.The Inspector General of Registration, 100 Santhome High Road, Chennai. 2.The Special Deputy Collector (Stamps), Kokkirakulam, Triunelveli. 3.The Sub Registrar, Sub Registrar Office, Valliyoor, Tirunelveli. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to release the sale deed registered before the 3rd respondent in document No.1372/11 dated 24.03.2011 to the petitioner within the time fixed by this Court. For Petitioner : Mr.H.Arumugam For Respondents : Mr.M.Govindan, Spl.G.P. O R D E R Mr.M.Govindan, learned Special Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final hearing. 2.The Writ petitioner purchased punja lands in Survey Nos.1626/1 and 1626/2 North Valliyoor Village, Radhapuram Taluk, Tirunelveli from one Selvakumar for a valuable consideration of Rs.7,38,500/- under a registered sale deed dated 24.03.2011 in document No.1372/2011. The petitioner has paid stamp duty to the tune of Rs.60,000/-. However, the 3rd respondent has referred the document to the 2nd respondent / the Special Deputy Collector (stamps) under Section 47(A)(1) of the Indian Stamp Act, 1899, for determining the market value. The matter is now pending before the 2nd respondent for deciding about the valuation. However, the 2nd respondent has not released the document. 3.In view of the same, the present Writ petition is filed for a direction against the first respondent to release the sale deed dated 24.03.2011 bearing registration No.1626/2. Law is well settled that when the registering authority refers the dispute regarding the valuation to the Deputy Collector (Stamps) under Section 47(A)(1) of the Act, he has to release the document and he has no right to retain the same. https://hcservices.ecourts.gov.in/hcservices/ 2 4.In view of the same, the Writ petition is disposed of with the following directions: (i)The 2nd respondent shall release the sale deed registered as document No.1626/2 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 2nd 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)(1) 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 2nd respondent 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. No costs. Sd/- Deputy Registrar (Writs) /True copy/ Assistant Registrar To 1.The Inspector General of Registration, 100 Santhome High Road, Chennai. 2.The Special Deputy Collector (Stamps), Kokkirakulam, Triunelveli. 3.The Sub Registrar, Sub Registrar Office, Valliyoor, Tirunelveli. Nbj SR : 28.10.2011 : 2p/4c W.P.(MD)No.10803 of 2011 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/