G MANIMEGALAI Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The writ petition is filed challenging the order of the Sub Registrar, Udumalpet, the third Respondent herein, dated 5.10.2010 under Section 47A(1) of the Indian Stamp Act, 1899 and also for a direction against the Respondents 2 and 3 to return the original sale deed dated 4.2.2008 registered as document No. 590/08 on the file of the third Respondent.

(2.) The Petitioner purchased a residential plot No. 78 in the approved layout comprised in SF No. 55, TS. No. 3 Part, Ward-B, Block-6, Velan Nagar, Udumalpet measuring 8.24 cents under a sale deed dated 4.2.2008 through the power agent of her vendor on payment of valuable consideration. The document was presented before the third Respondent for registration and on payment of necessary charges and stamp duty and compliance of the formalities required under the Registration Act, the sale deed was registered as document No. 598/08.

(3.) As far as the main point urged in this case is concerned, even though there is no period of limitation prescribed for the third Respondent to refer the document for valuation to the second Respondent, the reference made on the facts and circumstances of the case by the third Respondent under Section 47A(1) of the Indian Stamp Act after a period of two years is not permissible. That was decided originally by a Single Judge of this Court as reported in Ponnusamy, M. and Ors. v. The District Collector, Erode and Ors.,1992 2 LW 231, wherein this Court held that such reference should be made within three weeks from the date of completion of the registration of document.