DISTRICT COLLECTOR ERODE DISTRICT ERODE Vs. M PONNUSAMY

JUDGEMENT

(1.) RESPONDENTS are the appellants. A batch of 42 writ petitions were filed for the issue of a writ of mandamus or other appropriate writ or direction to the third respondent namely the Joint Register No.I, Office of the District Registrar, Erode to deliver the original registered document dated 23.8.1995 and pass such further order as the court deems fit and proper in the interest of justice. The learned Judge has not only issued the direction as prayed for, but has also quashed the Reference made under Section 47-A(1) of the Indian Stamp Act. These writ appeals are against this order.

(2.) THE facts of the case are stated below:

(3.) THE counsel appearing on behalf of the respondents submitted that he had specifically pleaded in paragraph 8. of the affidavit that appellants 2 and 3, for reasons best known to themselves, were purposely and intentionally delaying delivery of the documents under some pretext or other and even in reference to the legal notice issued for delivery of the original document, an evasive reply was given as if the enquiry regarding the valuation was still going on even after a period of two years, He denied the contention made in the counter that the respondents have agreed to pay the deficit stamp fee and come and take the original document according to him the counter affidavit was filed on the day of final hearing of the writ petition and hence, he could not immediately file a reply affidavit. He submitted that there is absolutely no reason for the respondents to state so before the officers, for which they have no jurisdiction even to receive the additional stamp duty. According to him, appellants 2 and 3 have failed to discharge their duties and caused great loss and suffering to the respondents by keeping the document for more than two years after having registered it and without referring if there is any doubt as to the valuation. He has referred and relied on a number of authorities in support of his contentions.