THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.12546 of 2014

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the entire material on record.

2. Learned counsel for the petitioner submits that the petitioner questioning the action of the respondent in not releasing the pending documents bearing Nos.P-374 to 377 of 2014 in the office of the respondent No.4 on the ground that the petitioner not yet paid enhanced stamp duty as per G.O.Ms.No.157, Revenue (Registration-I)

3. Learned counsel for the petitioner further

submits that in spite of setting aside G.O.Ms.No.157, the Division Bench of this Court in PIL.No.274 of 2013 on 17.06.2013, the Registering Authority not registered the

documents of the petitioner. Moreover, this Court has passed interim order on 23.04.2014 Directing the respondent No.4/Sub-Registrar-II, R.O, R.R.District, to communicate the reasons to the petitioner for keeping the documents pending, if not communicated the same.

4. Learned counsel for the petitioner further submits that in spite of lapse of more than 11 years, the respondent authorities have not filed any counter or vacate petition for denying the averments made by the petitioner in the writ affidavit. Therefore, learned counsel requested this Court to allow the writ petition by directing the Registering Authority to release the pending documents bearing Nos.P-374 to 377 of 2014 of the petitioner without reference to the G.O.Ms.No.157, Revenue (Registration-I)

5. Learned Assistant Government Pleader for Stamps and Registration has not disputed the submissions made by the petitioner with regard to the disposal of the PIL.No.274 of 2013, dated 17.06.2013 passed by the Division Bench of this Court, hence, requested to pass appropriate orders.

6. In view of the submissions made by the learned counsel on either side, the Writ Petition is disposed of directing the respondent authorities to release the pending documents bearing Nos.P-374 to 377 of 2014 without reference to the G.O.Ms.No.157, Revenue (Registration-I) Department, dated 30.03.2013 subject to compliance of the provision under the Registration Act, 1908 and the Indian Stamp Act, 1899 as expeditiously as possible, preferably, within four (04) weeks from the date of receipt of copy of this Order, if not already released.

7. Miscellaneous petitions, pending, if any, in this writ petition shall stand closed. No order as to costs.

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JUSTICE K.SARATH Date: 29.04.2025

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