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2003 DIGILAW 124 (MAD)

M. Kasturi v. The Inspector General of Registration & Others

2003-01-30

P.SATHASIVAM

body2003
Judgment :- The petitioner has approached this Court to issue a writ of mandamus directing the respondents to deliver the sale deed dated 27.03.2000 bearing Document Nos.1150/2000, 1151/2000, 1152/2000 and 1153/2000 registered on the file of the second respondent. 2. On direction, the learned Special Government Pleader takes notice for the respondents. 3. It is the grievance of the petitioner that though the second respondent has registered the sale deed dated 27.03.2000 as Document Nos.1150/2000, 1151/2000, 1152/2000 and 1153/2000, the documents have not been returned till date. 4. Considering the grievance expressed and in the light of the order passed by a Division Bench of this Court in W.A.M.P.Nos.4665 and 4666 of 2002 in W.A.Nos.2751 and 2752 of 2002, this writ petition is disposed of with the following directions:- (i) The respondents are directed to return Document Nos.1150/2000, 1151/2000, 1152/2000 and 1153/2000 with an endorsement that the matter in issue is pending before the Special Deputy Collector (Stamps) under Section 47A(1) of the Registration Act; (ii) The petitioner is to furnish security in the form of immovable property to the extent of the difference amount in the stamp duty to the satisfaction of respondents 2 and 3; (iii) The petitioner is to file an affidavit undertaking not to alienate or encumber the property in question till the payment of additional stamp duty, if any. On fulfilling the above conditions, respondents 2 and 3 are directed to return Document Nos.1150/2000, 1151/2000, 1152/2000 and 1153/2000. No costs.