1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10804 of 2011 R.Ponnarasu ... Petitioner Vs. 1.The Special Deputy Collector (Stamps), Tirunelveli District, Kokkirakulam, Tirunelveli. 2.The Sub Registrar, Sub Registrar Office, Kalakad, 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 2nd respondent in document No.351/11 dated 10.02.2011 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, 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 No.408/1B1 and other survey numbers to an extent of 0.21.0 hectares situated in Padalayarkulam Village, Kalakad, Tirunelveli from one P.Lakshmi and others for a valuable consideration of Rs.1,09,120/- under a registered sale deed dated 10.02.2011 in document No.351/2011. The petitioner has paid stamp duty. However, the 2nd respondent has referred the document to the 1st 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 first 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 10.02.2011 bearing registration No.351/2011. 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 first respondent shall release the sale deed registered as document No.351/2011 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 first 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 first 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/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To 1.The Special Deputy Collector (Stamps), Tirunelveli District, Kokkirakulam, Tirunelveli. 2.The Sub Registrar, Sub Registrar Office, Kalakad, Tirunelveli. + 1 cc to The Special Government Pleader, SR No.32875 W.P.(MD)No.10804 of 2011 22.09.2011 nbj RJ/4.10.11 2p/4c https://hcservices.ecourts.gov.in/hcservices/