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S. M. SUBRAMANIAM, C. KUMARAPPAN
Sub Registrar, Thirupporur – Appellant
Versus
V. Kannika – Respondent
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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The Registering Officer must release a registered sale deed promptly after registration, regardless of arrears or pending penalties, as clarified by various case precedents.
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