IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.1.2011 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.48837 of 2006 and Writ Petition No.48941 of 2006 M.NITIN .. PETITIONER IN W.P.NO.48837 OF 2006 M. PREETHI [ PETITIONER ] W.P.NO.48941 OF 2006 Vs 1 THE INSPECTOR GENERAL OF REGISTRATION DEPARTMENT OF REGISTATION, NO. 120, SANTHOME, HIGH ROAD, CHENNAI 600 028. 2 THE DISTRICT REVENUE OFFICER (STAMPS) OFFICE OF THE DISTRICT COLLECTOR FIFTH FLOOR, SINGRAVELAR MALIGAI NO.32, RAJAJI SALAI, CHENNAI 600 001. 3 THE SUB REGISTRAR REGISTRATION DEPARTMENT, SOWCARPET, CHENNAI 600 079 .. RESPONDENTS IN BOTH THE WRIT PETITIONS W.P.No.48837 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to release the sale deed bearing No.820/2006 now pending on the file of the 3rd respondent to the petitioner pending enquiry under section 47-A of stamp Act. W.P.No.48941 of 2006: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to release the sale deed bearing No.821/2006 now pending on the file of the 3rd respondent to the petitioner pending enquiry under section 47-A of stamp Act. https://hcservices.ecourts.gov.in/hcservices/ For petitioners : Mr.M.Mahendra Kumar For respondents : Mr.S.Gopinathan Additional Government Pleader C O M M O N O R D E R These writ petitions have been filed praying that this Court may be pleased to issue writs of Mandamus directing the respondents to release the sale deed bearing No.820/2006, in respect of W.P.No.48837 of 2006 and the sale deed bearing No.821 of 2006, in respect of W.P.No.48941 of 2006, pending on the file of the third respondent, to the petitioners. 2. At this stage of the hearing of the writ petitions, the learned Additional Government Pleader appearing for the respondents had submitted that the enquiry, under Section 47-A of the Indian Stamp Act, 1899, had been completed and each of the petitioners are liable to pay Rs.36,544/-, as deficit stamp duty. 3. Considering the submissions made by the learned counsels appearing for the petitioner, as well as the respondents, and in view of the orders passed by this Court, in RAJAPPA B. Vs. THE SPECIAL DEPUTY COLLECTOR (STAMPS) (2002 (3) C.T.C. 544), the third respondent is directed to release the documents in question, within a period of two weeks from the date of receipt of a copy of this order, making the necessary endorsements to the effect that each of the petitioners are due to pay a sum of Rs.36,544/-, as deficit stamp duty. On the failure of the petitioners to pay the deficit stamp duty, as stated above, it would be open to the respondents to initiate appropriate proceedings against the petitioners, for the recovery of the said amounts, by invoking the relevant provisions of the Tamil Nadu Revenue Recovery Act, 1864. 4. The writ petitions are disposed of accordingly. No costs. lan Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To: 1 THE INSPECTOR GENERAL OF REGISTRATION, DEPARTMENT OF REGISTATION NO. 120 SANTHOME HIGH ROAD CHENNAI 600028 2 THE DISTRICT REVENUE OFFICER (STAMPS) OFFICE OF THE DISTRICT COLLECTOR FIFTH FLOOR SINGRAVELAR MALIGAI NO.32 RAJAJI SALAI CHENNAI 600 001 3 THE SUB REGISTRAR REGISTRATION DEPARTMENT SOWCARPET CHENNAI 600 079 + 2 ccs to Mr. Mahendrakumar, Advocate SR No.4818, 4817 + 1 cc to Government Pleader, SR No.5141, 5142 TAM(CO) SR/1.2.2011 Writ Petition No.48837 of 2006 and Writ Petition No.48941 of 2006 https://hcservices.ecourts.gov.in/hcservices/