R SREEDHER Vs. REGISTERING OFFICER DISTRICT REGISTRAR

JUDGEMENT

(1.) THIS writ petition is filed for a direction against the respondents to complete the registration formalities of the original sale deed executed on 29. 12. 2006 with registration receipt No. P200600083 dated 29. 12. 2006.

(2.) THE property of an extent of 21. 05 acre of land at Maduraivoil Village comprised in old Survey Nos. 432/1, 452/1, 453/1 and 2, 454, 455 and 456/1, now comprised in new Survey Nos. 432/1, 452/1a, 453/1, 453/2, 454/1, 455 and 456/1a in Chengelpet District originally belonged to M/s. Alstom Limited now known as M/s. Areva T and D India Limited. One Kanchi Kamakoti Janakalyan Trust appears to have shown interest in purchasing the property for promotion of its own charitable objects and entered into an agreement of sale on 23. 10. 2002 for a consideration of Rs. 9,65,00,000/ -. Since the trust could not proceed with the purchase of the property, by letter dated 31. 03. 2002, the petitioner was assigned the right under the agreement authorising him to take further steps for securing the sale of the property. Out of the total extent of the property, an extent of 32 cents comprised in Survey No. 453/2 was stated as a pond porampoke and therefore steps have to be taken for the purpose of obtaining patta in respect of that property and there are some encroachments in the said property.

(3.) THE vendor M/s. Alstom Limited due to their own compulsion for immediate registration of the document and therefore the petitioner has obtained a sale deed in respect of the said total extent of the property on 29. 12. 2006. The original sale consideration agreed namely Rs. 77,20,000/- corresponding to the market value as stated in the sale deed was also paid by the petitioner to the vendor by way of a Demand Draft. The sale deed itself was entered in pursuance to the original deed of agreement dated 23. 10. 2002 with Janakalyan Trust as stated above. The petitioner paid the registration fee of Rs. 9,65,000/- and all other miscellaneous charges which are required for registration. The documents were presented to the first respondent for registration on 29. 12. 2006. However, the first respondent has not registered the document and returned the same to the petitioner till date. According to the petitioner, the first respondent has no right to retain the document except if it is a case under Section 47 (A) of the Indian Stamp Act in respect of under valuation of the property. As far as the present sale deed is concerned, it is not in dispute that the valuation of the property has been correctly given and the same is properly valued and therefore the conduct of the first respondent in not completing the registration and returning the documents amount to gross illegality affecting the right of the citizen under Article 14 of the Constitution of India. It is in view of the same, the petitioner has come forward with the present writ petition for the relief as stated above.