ORDER :

1. This writ petition has been filed challenging the impugned proceedings of the respondent dated 18.02.2021 and for a consequential direction to the respondent to issue a certified copy of the pending document No.9450/2008 dated 13.10.2008.

2. The case of the petitioner is that she purchased the subject property for a valid consideration by virtue of a sale deed dated 13.10.2008. When the document was presented for registration, the same was kept as a pending document on the ground that the property has been undervalued. Admittedly, the proceedings are pending before the concerned authority.

3. It is stated that one P.Shankar, who had no right or title over the property, filed a suit in O.S.No.537/17 before the Principal District Munsif Court, Tirunelveli against one R.Sankaralingam and sought for the relief of permanent injunction. While filing the suit, Shankar has also included the subject property as one of the items in the schedule of property. The suit came to be decreed and the petitioner was not even a party in the said suit. The decree passed on 03.10.2019 by the Principal District Munsif was also registered on the file of the respondent.

4. The petitioner immediately took steps to get a certified copy of the sale deed executed in her favour and made an application before the respondents. The said application was rejected by the respondent through the impugned proceedings dated 18.02.2021 on the ground that the certified copy of the document cannot be issued, since proceedings are pending under section 47(A)(1) of the Indian Stamp Act (hereinafter referred to as 'the Act'). Aggrieved by the same, the present writ petition has been filed before this Court.

5. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

6. The only issue that requires consideration in the present writ petition is as to whether the petitioner will be entitled to seek for the certified copy of the sale deed, which is pending before the concerned authority under Section 47(A)(1) of the Act. This issue is no longer resintegra and this Court has passed various orders directing the issuance of the certified copy of documents, which are pending enquiry under Section 47(A) of the Act. One such order was passed in W.P.Nos.18212 and 19482/2018 dated 24.04.2019. The relevant portions in the order are extracted hereunder:

“14. In this background, the petitioner counsel relied on an unreported judgment of Madurai Bench of Madras High Court dated 18.04.2018 made in W.P.(MD).No.8242 of 2018 (S.M.Raman ..vs.. The District Registrar) on a similar circumstances, where the Sub Registrar was directed to return the documents to the petitioner therein within a period of two weeks from the date of receipt of copy of the order with necessary endorsement that the proceedings under Section 47-A of Indian Stamp Act have been contemplated and initiated.

15. Per contra, the learned counsel for the respondent relied upon the judgment reported in 2017 (6) CTC 449 (Special Deputy Collector (Stamps), Palayamkottai, Tirunelveli District and another v. Alfred and others) wherein, in a batch of cases, Hon'ble Division Bench of this Court has held that such power of returning the document without complying the necessary mandatory conditions under Section 47-A, the Registrar has got no duty cast upon them to return the document.

16. I heard the arguments and perused the documents filed and guided by the case reported in 2017 (6) CTC 449 cited supra wherein in para-25 and 28, it is held as follows:-

“25.Though, payment of duty is one thing and release of the document is the other thing, both are intertwined with each other. The enactment merely provides for registration, notwithstanding the issue pertaining to undervaluation. The said factor cannot be extended for the release of the document in the absence of any provision. To that extent, there is no conflict between the two enactments. With the above said understanding of the provisi