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2025 Supreme(Online)(Mad) 10817

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
S.GEETHA RANJANI – Appellant
Versus
THE DISTRICT REGISTRAR – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2025 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI W.A.(MD)No.1245 of 2020 and C.M.P.(MD)No.7070 of 2020 S.Geetha Ranjani ... Appellant Vs.

1.The District Registrar, Office of the District Registrar, Trichy.

2.The Sub-Registrar, Office of the Sub-Registrar, Lalgudi, Ariyalur District. 3.M/s.Kalimaghal Sabha, Rep.by its Official Receiver, Office at New No: 17 (Old No.48), North Usman Road, T.Nagar, Chennai - 17. ... Respondents Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.17794 of 2014 dated 04.06.2019 on the file of this Court.

For Appellant : Mr.T.Mohan, Senior Counsel, For Mr.C.B.Murali Krishnan, For Respondents : Mr.M.Lingadurai, Spl. Government Pleader for R1 & R2.

Mr.S.Ramesh for R3.

JUDGMENT

(By G.R.SWAMINATHAN, J.)

Heard both sides.

2.This writ appeal is directed against the order dated 04.06.2019 made in W.P.(MD)No.17794 of 2014.

3.One N.V.Rengaraju executed sale deed dated 29.04.2013 conveying the petition mentioned property comprised S.No.147/1C1 to an extent of 1 acre 82 cents in favour of one Maheswaran. The sale deed was registered as Document No.2544/2013 on 29.04.2013. The said Maheswaran in turn executed sale deed dated 14.09.2014 in favour of the appellant herein. The document was presented for registration. It was kept as pending document. The appellant felt aggrieved that the registration process was not being completed. Hence, she filed W.P.(MD)No.17794 of 2014. The learned Single Judge vide order dated

05.11.2014 disposed of the writ petition in the following terms:-

“9.On a careful consideration of the contentions advanced on behalf of the petitioner and in view of the fact that the petitioner had averred in the present Writ Petition that the Second Respondent had not returned the original sale deed after completing the registration formalities on 14.03.2014, this Court pertinently opines at this stage that once the document is registered, the Registering Authority has no power to withheld the same. As such, this Court in furtherance of substantial cause of justice and to prevent aberration of justice, directs the second respondent / the Sub-Registrar, Office of the Sub Registrar, Dindigul to release the sale deed dated 14.03.2014, to the petitioner forthwith.

(i) At the time of releasing the sale deed, dated

14.03.2014, to the petitioner, the 2nd respondent is directed to make necessary endorsement on the original document in question to the effect that the proceedings under Section 47(A) of the Indian Stamps Act, 1899 are contemplated or pending, as the case may be.

(ii) It is open to the Registering Authority / second respondent to make relevant entries in the Register maintained in regard to the pendency of Section 47-A proceedings in respect of sale deed in question, which is subject-matter of Registration, with a view to reflect the same in the Encumbrance Certificate for the benefit of the purchasers.

(iii) Pending final decision, in respect of any valuation under Section 47(A)(i) as per Section 45(A) of the Indian Stamps Act, 1899, there shall be a change over of the proportions in favour of the Government in respect of the unpaid value of the Stamp Duty, if any.

(iv) Also that, after completion of whole proceedings under Section 47(A) of the Indian Stamps Act, the Registering Authority / second respondent is to make necessary endorsement annulling / superseding the earlier endorsement by clearly mentioning that the full / entire sum of Stamp Duty the Document was paid in full and return the same.

(v) Moreover, after making such endorsement, the 2nd respondent / Registering Authority shall also make entries in regard to the completion of Section 47(A) proceedings in the Register maintained by them with a view to reflect the same in the Encumbrance Certificate.

(vi) In any event, the second respondent is at liberty to f

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