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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
The Sub Registrar, Thirupporur – Appellant
Versus
V. Kannika – Respondent
W.A. Nos. 2154, 2157 of 2021, C.M.P. Nos. 13580, 13585 of 2021
Decided On : 25-07-2024
RELEASE OF DOCUMENT - INDIAN STAMP ACT - The court clarified that during the pendency of proceedings under Section 47-A of the Indian Stamp Act, the Registering Authority is not obligated to release the document. The court emphasized that the appellant must wait for the disposal of these proceedings before any document release can occur.
Fact of the Case:
The petitioner challenged a common order directing the release of a document subject to ongoing proceedings under Section 47-A of the Indian Stamp Act.
Finding of the Court:
The court found that the legal position had changed, indicating that the Registering Authority is not required to release the document while proceedings under Section 47-A are pending.
Issues: Whether the Registering Authority is obligated to release the document during the pendency of proceedings under Section 47-A of the Indian Stamp Act.
Ratio Decidendi: The court held that the obligation to release the document is contingent upon the disposal of the proceedings under Section 47-A of the Indian Stamp Act.
Result: The Writ Appeals were disposed of with no order as to costs, affirming that the document need not be released until the proceedings are concluded.
JUDGMENT :
S.M. SUBRAMANIAM, J.
1. The common order dated 30.10.2015 in the writ petitions, is under challenge in the present Writ Appeals.
2. The learned Single Judge, directed the respondent to release the document of the petitioner with the endorsement that it is subject to pendency of the proceedings under Section 47-A of the Indian Stamp Act. The legal position under went changes.
3. As of now during the pendency of the proceedings under Section 47-A of the Indian Stamp Act, the Registering Authority is not obligated to release the document of the petitioner.
4. That being so, if the subject document has not been released, then the respondent is at liberty to approach the Competent Authority for disposal of the proceedings initiated under Section 47-A of the Indian Stamp Act.
5. It is made clear that the appellant need not release the subject document unless proceedings under Section 47-A of the Indian Stamp Act, stands disposed of.
6. With the above clarifications, the present Writ Appeals stand disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
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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