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P. VELMURUGAN, K. K. RAMAKRISHNAN
Inspector of Registration, Chennai – Appellant
Versus
A. L. Ramu – Respondent
JUDGMENT :
P. VELMURUGAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order of this Court made in W.P. (MD) No. 2238 of 2016, dated 12.7.2017.
1. This Writ Appeal is directed against the order of this Court made in W.P. (MD) No. 2238 of 2016, dated 12.7.2017.
2. The respondent/Writ Petitioner purchased the land and the sale deed, dated 12.11.2014 was presented for registration before the fourth appellant, the fourth appellant after registering the same on 12.12.2014 and referred the documents under Section 47-A of the Indian Stamps Act stating that the property was under-valued and proper stamp duty was not paid and he referred the matter to the third appellant. The respondent/Writ Petitioner filed a Writ Petition seeking issuance of a Writ of Mandamus directing the appellants 3 and 4 herein to return the sale deed, dated 12.11.2014 in Document No. 2988 of 2014 to Writ Petitioner therein. After hearing both sides, the Writ Court passed the following order:
(i) The Registering Authority while releasing the document shall make necessary endorsement on th
The Registering Authority's duty under Section 47-A of the Indian Stamps Act includes referring undervalued documents, and they cannot return documents while proceedings are pending.
Once deficit stamp duty has been directed to be paid, as against which, if appeal has been filed before appellate authority under Section 47A (5) of Indian Stamp Act, unless the appeal is decided doc....
The court ruled that stamp duty on a sale certificate is 5%, and Section 47-A does not apply to public auctions conducted under court supervision.
The Registering Authority is not obligated to release documents during the pendency of proceedings under Section 47-A of the Indian Stamp Act.
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