K.PALANISAMY Vs. THE SUB REGISTRAR

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal.

(2.) The petitioner would state that he purchased the property in Survey Nos.297/2, 297/3 and 297/4 admeasuring to an extent of Punja Acre 3.08 situated at Komarapalayam Agraharam Village, Trichengode Taluk, Namakkal District through a registered Sale Deed dated 29.03.1990 bearing Document No.742 of 1990 on the file of Office of the Sub Registrar, Vadakancherry, Palakkad District, Kerala State and according to the petitioner, he claims to be in possession and enjoyment of the said property and the said registration particulars have also been furnished to the respondent herein. It is however stated that the petitioner on 26.12.2006, have mortgaged the above said property with Indian Bank and the same was duly registered by way of Mortgage Deed with the very same respondent in Document No.2057 of 2014 dated 17.03.2014 and once again, the petitioner for the purpose of marriage of his daughter, has decided to mortgage his property and therefore, created a mortgage deed dated 14.03.2016 for a sum of Rs.23,00,000/- and the same was duly presented before the respondent herein for registration. But, the respondent refused to register the same stating that the petitioner has to pay stamp duty to the mortgaged document No.742/1990, which is registered in the office of Sub Registrar, Vaddakencheri at Kerala State. The petitioner in this regard had submitted a representation dated 15.03.2016 stating all those facts.

(3.) Learned counsel for the petitioner would submit that the matter in issue is squarely covered by the order dated 10.02.2016 made in W.P. Nos.38363 and 38887 of 2015 (P.Ramiah and others vs. The Inspector General of Registration, Chennai and others). Learned counsel for the petitioner has drawn the attention of this Court to Section 19-B(4) of the Indian Stamp Act 1899 and as per the said proviso, action is to be taken within a period of four years from the date of receipt of the copy of such instrument in the State of Tamil Nadu under the Registration Act, 1908 and admittedly even as per the letter of the Sub Registrar, Vadakkencherry, Palakkad District addressed to the District Registrar, Namakkal, the fact of the said registration, was brought to the knowledge of the said District Registrar, Namakkal as early as on 06.09.2006 and further that the very same property was also subjected to earlier mortgage in document No.2057/2014 dated 17.03.2014. He would further submit that in the light of the same, there cannot be any impediment or difficulty on the part of the respondent to register and return the document and prays for appropriate order to direct the respondent to register the mortgage deed.