Geeyam Constructions, represented by its Managing Partner, C. R. Chandrasekaran v. Inspector General of Registration
2018-05-17
C.V.KARTHIKEYAN
body2018
DigiLaw.ai
ORDER : Mr. T.M. Pappiah, learned Special Government Pleader, takes notice for the respondents. 2. By consent of both parties, the main Writ Petition itself is taken up for disposal. 3. The petitioner presented a sale deed for registration before the 3rd respondent, who is the Sub Registrar, Neelangarai SRO, Neelangarai. 4. According to the learned counsel for the petitioner, the said sale deed has actually been registered and the registration process has been completed and Regn. No. 2150 of 2018 had also been given. This is also reflected in Encumbrance Certificate. However, sale deed had not been released by the Sub Registrar, Neelangarai. 5. Questioning such inaction by the Sub Registrar, W.P.No.12562 of 2018 had been filed. In the schedule to the property, in the sale deed which had been presented it had been mentioned that the property is situated at Old Mahabalipuram Road, Perungudi, Chennai 600 096. A rectification deed was subsequently presented by the petitioner to remove the words “Old Mahabalipuram Road”. Since this rectification deed had not been received by the 3rd respondent, W.P.No.12563 of 2018 has been filed seeking a direction against the respondents to receive the rectification deed and proceed in accordance with law. 6. The learned Special Government Pleader, who had entered appearance and had taken notice, stated that with respect to the sale deed, which had been registered, the matter had been referred to the Revenue Divisional Officer for enquiry on two aspects namely, the nature of the construction over the said place and value of the land and construction and also on the stamp duty payable on such value. 7. The learned Special Government Pleader stated that notice would be issued to the petitioner directly by the Revenue Divisional Officer. He can always participate in the enquiry conducted therein. 8. The learned counsel for the petitioner on the other hand stated that since the sale deed had been registered, there is a duty cast on the respondents to release the sale deed. He will thereafter participate in the enquiry and if additional stamp duty is payable, he is prepared to pay the additional stamp duty. The respondents cannot withhold the document, after registration process was over and if during registration process, they had found no infirmity in the manner in which the document had been presented. 9.
He will thereafter participate in the enquiry and if additional stamp duty is payable, he is prepared to pay the additional stamp duty. The respondents cannot withhold the document, after registration process was over and if during registration process, they had found no infirmity in the manner in which the document had been presented. 9. At any rate, the petitioner is also under an obligation to pay additional stamp duty if it is so determined by the concerned officials. 10. In view of all these facts, the 3rd respondent is directed to release the sale deed, which has already been registered as Document No. 2150 of 2018. But however, the release is conditional to the petitioner giving an undertaking that they would produce the original sale deed during every enquiry date and whenever called upon to do so and also that they will be available for enquiry before the Revenue Divisional Officer. The petitioner should also give an undertaking that they would not encumber the property or deal with the property in any manner whatsoever and not offer the sale deed as security for any transactions. 11. The Revenue Divisional Officer is requested to complete the process of enquiry into the stamp duty, which is leviable against the petitioner, on or before 31.08.2018. After such procedure is completed and upon payment of additional stamp duty, if it is so determined, the rectification deed may be received by the 3rd respondent. 12. With these observations, these Writ Petitions are disposed of. Consequently, connected miscellaneous petition is closed. No costs.