J. JAYAKRISHNAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition praying for the issuance of a writ of mandamus to direct the 3rd and 4th respondents herein to release the sale deed dated 15.02.2013 registered as Document No.1081/2013 on the file of the fourth respondent herein.

(2.) THE case of the petitioner is that he purchased the plot measuring 1200 sq. ft. on the western side of Plot No.1 in S.No.337/8, Chemmencherry Village from one A.Chinnaiah and got it registered on the file of the fourth respondent. The fourth respondent referred the above sale deed under Section 47A of Indian Stamp Act, 1899 for determining the market value to the third respondent. The third respondent issued Form 1 notice under Rule 4 of Tamil Nadu Stamp (Prevention of undervaluation of Instruments) Rules, 1968 dated 20.03.2013 demanding difference in Stamp duty. The petitioner submitted his objections, which was received by the third respondent on 10.04.2013. Even then, the sale deed was not released to the petitioner. Hence, the petitioner sent a letter to the third for release of the sale deed. Since the same was not considered, the petitioner has come up with the present writ petition.

(3.) IT is settled proposition of law that once a document is registered, the registering authority has no power to withhold the same. This was the view taken by this Court in (B. Rajappa and another Vs. The Special Deputy Collector (Stamps) The Office of the Collectorate (Vth Floor), Mr. Singaravelar Maligai, Rajaji Salai, Madras -1 and 2 others) reported in : 2002 (3) CTC 544, Therefore, following the decision of this Court mentioned supra, the following direction is issued in this writ petition: -