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2024 Supreme(Online)(MAD) 33620

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. LAKSHMINARAYANAN
G.RAMASAMY – Appellant
Versus
THE SUB REGISTRAR – Respondent


ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. Heard Mr. P.Krishnan, learned counsel for petitioner and Mr.H.Hasan Fizal, learned Additional Government Pleader for the respondent. 3. This Court through Hon’ble Mr.Justice Anand Venkatesh has taken a view that where the proceedings are pending under Section 47(A) of the Indian Stamp Act, 1899, the Sub Registrar can make an endorsement on the document that such proceedings are pending and issue a certified copy of the document to the person, who applies for the same. 4. Mr.H.Hasan Fizal, learned Additional Government Pleader appearing for the respondent would submit that the petitioner has to pay a stamp duty of nearly Rs.2.5 crores and in case the document is issued, he would never turn up to receive the original. 5. Under the provisions of the Indian Stamp Act read with the Indian Registration Act, in case the difference in amount is not paid, the Government has a first charge over the property. The first charge can be enforced as against the property as it has a covanent running with the land. Such a charge does not prevent the respondent from furnishing a cer

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