B RAJAPPA Vs. SPECIAL DEPUTY COLLECTOR STAMPS THE OFFICE OF THE COLLECTORATE V FLOOR MR SINGARAVELAR MALIGAI RAJAJI SALAI MADRAS

JUDGEMENT

(1.) IN W.P. No.22998 of 2001, the petitioner prays for the issue of a writ of certiorarified mandamus calling for the records relating to the proceedings in Tha.Ka.No.97 of 2000 dated 10.4.2000 and the consequential notice made in Rc.S.R.97 of 2001-A1 dated 24.9.2001 issued by the first respondent purported to be under Section 47 A (1) of the INdian Stamp Act and quash the same and direct the respondents to release the sale deed dated 10.2.2000 registered as document No.262 of 2000 with the office of the 2nd respondent.

(2.) IN W.P. No. 8637 of 2002, the petitioner has prayed for the issue of a writ of mandamus directing the respondent to return the sale deed registered on 26.12.2001 as Document No. 2701 of 2001.

(3.) ACCORDING to the petitioner, the 2nd respondent has no jurisdiction or authority to make a reference under Section 47-A(1) of The Indian Stamp Act and at any rate there is no jurisdiction or justification after completion of the registration to retain the sale deed without releasing the same. After registration, according to the petitioner, the 2nd respondent has no jurisdiction to refer the matter to the first respondent. The learned counsel for the petitioner heavily relied upon the judgment of this Court in support of his contention that when once the instrument has been registered, thereafter it is not open to the 2nd respondent to make a reference and retain the original instrument. In other words, when registration has been completed, it is not open to the Registrar to make a reference in terms of Section 47-A(1) of The Indian Stamp Act as amended.