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2017 Supreme(Mad) 4109

M.M.SUNDRESH, N.SATHISH KUMAR
Special Deputy Collector (Stamps) – Appellant
Versus
M. Alfred – Respondent


Advocates Appeared:
For the Petitioners: Mr. VR. Shanmuganathan four appeals Special Government Pleader
For the Respondents: Mr. S. Hajamohideen Gisthi

JUDGMENT :

M.M. SUNDRESH, J.

1. Since the issue arose for consideration in these Writ Appeals and Writ Petitions is one and the same, they are taken up together for disposal.

2. An issue of importance on the role of a registering authority after registration and the exercise of the power under Section 47-A of the Indian Stamp Act, 1899, by the Collector during and after adjudication qua release of an instrument is being discussed before us in this proceedings.

3. Before proceeding with the issue involved, let us consider the prayer sought for in the writ petitions and the Writ Appeals.

4. Writ Petitions filed in W.P.(MD) No.20099 of 2013, 14264 of 2016, 23614 of 2015, 2931 of 2016 and 15757 of 2016 and Writ Appeals (MD) Nos.1176 to 1179 of 2017, 1056 of 2015 and 237 of 2015 are with respect to release of instruments after registration. Writ Petitions have been allowed by the learned Single Judge with a direction to release the instruments during the pendency of the proceedings before the Collector under Section 47-A of the Indian Stamp Act, 1899.

5. Writ Petition (MD) No.11908 of 2012 has been filed challenging the demand notice with a consequential prayer for the return of instrument. T
























































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