2025:MHC:2823 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-11-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE P. DHANABAL WA No. 1675 of 2022 and CMP No. 11510 of 2022

1. The Special Tahsildar (Stamps)

Office of the District Revenue Officer (Stamps), District Collector Office, 5th Floor, Singaravelar Maligai, 32, Rajaji Salai, Chennai – 600 001.

2.The Sub Registrar Ambattur, Chennai – 600 053.

Appellant(s)

Vs T.M.Nithyanandam Respondent(s)

PRAYER Writ Appeal filed under Clause 15 of Letters Patent, to set aside the Order dated 11.12.2019 and made in WP.No.14155 of 2017.

For Appellant(s): Mr.U.Baranidharan Special Government Pleader For Respondent(s): Mr.C.P.Sivamohan For Mr.R.Sivaraman

JUDGMENT

(Judgment was delivered by S.M.Subramaniam J.)

Under assail is the writ order 11.12.2019 in W.P.No.14155 of 2017. The Special Tahsildar (Stamps) and the Sub-Registrar, Ambattur are the appellant before this Court. The respondent/Mr.T.M.Nithyanandam has instituted a writ petition seeking a direction to the appellants to release the Sale Deed dated 07.01.2014 executed by the Principal District Judge, Tiruvallur, sequel to Court auction sale.

2. The facts in brief would show that in 1993, Paramasiva Chettiar Trust represented by its Managing Trustee filed Trust O.P.No.172 of 1993 seeking permission to sell trust property. An Advocate Commissioner was appointed for the sale of trust property on 30.11.1994. The trust property was brought to auction and the respondent offered to purchase the trust land for a sum of Rs.3,90,000/- on 22.07.1998. Accordingly, Trust O.P.No.172 of 1993 was disposed of on 31.07.1998 by passing an order that the Trust shall execute a Sale Deed within a period of two months from the date of obtaining approval of draft sale deed from the Court.

3. No action was taken thereafter. There were discrepancies in the schedule of the property with respect to extent of land. In the year 1999, I.A.SR.No.2493 of 1999 was filed and it was rejected. C.R.P.(PD).No.3972 of 1999 was filed before the High Court. One of the Trustees, Mr.K.Palanisamy Chettiar filed I.A.No.246 of 1999 on 09.07.1999 praying for an order for distribution of the amount lying in Court deposit, which was came to be allowed on 09.05.2002.

4. The Civil Revision Petition was allowed by this Court on 24.09.2004, directing the learned Principal District Judge, Chengalpattu to carry out necessary amendment in the draft sale deed produced in Trust O.P.No.172 of 1993 and dispose of the same in accordance with law. Accordingly, amendments were initiated in 2005, and the draft Sale Deed was approved on 24.11.2005, by the learned Principal District Judge, Chengalpattu. However, the Managing Trustee orally declined to execute Sale Deed on 04.04.2006 and issued a legal notice to the Successor Managing Trustee Mr.G.Sivaramakrishna Chettiar asking him to execute the Sale Deed.

5. Mr.G.Sivaramakrishna Chettiar did not respond to the notice and filed I.A.No.197 of 2006, seeking a direction to compel attendance of the trustee to execute the sale deed or in alternate prayed that the Court may execute the Sale Deed. Direction was issued in the said Interlocutory Application. Trust O.P. was transferred subsequently to the District Court at Tirvallur due to bifurcation/territorial jurisdiction and I.A.No.197 of 2006 was renumbered as I.A.No.968 of 2008 and was allowed, directing the Managing Trustee to execute the Sale Deed. Subsequent proceedings went on and finally the sale deed was executed by the Court after a prolonged delay on 07.01.2014.

6. The Sale Deed executed by the Court was presented for registration and registered as Document No.980 of 2014. Document was referred under Section 47A(1) of the Indian Stamps Act, 1899 [hereinafter referred to as ‘the Act’] by the Sub Registrar to the District Revenue Officer (Stamps) on 26.03.2014. The District Revenue Officer (Stamps) issued a Form-I Notice under the Indian Stamp Act on 07.04.2014, calling