The writ petitioner purchased a vacant site to an extent of 25 cents in Survey No.3/3B, situated in Vellakoil village and 21 cents in Survey No.135/5, situated in Thiruvannathapuram village, Palayamkottai Taluk, Tirunelveli District, from one Pappa, for valuable considerations of Rs.1,51,200/- and 51,850/-, respectively. The sale deed, were executed by the vendor, on 28.07.2009 and 31.07.2009, and was registered before the first respondent, under the documents bearing registration Nos.3480 of 2009 and 3550 of 2009 and the petitioner has paid the claimed stamp duty of Rs.12,150/- and Rs.4,200/-, respectively. However, the first respondent has referred the document to the second respondent, the Deputy Collector (Stamps), under Section 47(A)(1) of the Indian Stamp Act, 1899, for determining the market value. The matter is now pending before the second respondent for deciding about the valuation. However, the first respondent has not released the documents.
2. In view of the same, the present writ petition is filed for a direction against the first respondent to release the sale deeds, dated 28.07.2009 and 31.07.2009, bearing registration Nos.3480 of 2009 and 3550 of 2009, respectively. The law is well settled that when the registering authority refers the dispute regarding the valuation to the Deputy Collector (Stamps) under
Section 47(A)(1) of the Act, he has to release the document and he has no right to retain the same.
3. In view of the same, the writ petition is disposed of with the following directions:
(1)The first respondent shall release the sale deeds registered as document Nos.3480 of 2009 and 3550 of 2009, within a period of four weeks from the date of receipt of a copy of this order, with an endorsement stating that the reference under
Section 47(A)(1) is pending.
(2)The first respondent shall also make necessary entries in the registers showing the pendency of the proceedings under Section 47(A)(1), so as to reflect the same in the encumbrance certificates in the interest of purchases. (3)Pending the final order to be passed under Section 47(A)(1), there shall be a charge over the property in favour of the Government, as per
Section 47(A)(4) of the Act.
(4)After completion of the entire proceedings, under
Section 47(A), including the appellate remedy available under the same, the petitioners shall pay the amount which is arrived at ultimately and after such payment on production of the original sale deed, the first respondent shall make necessary endorsements stating that the entire amount due, as per Section 47A has been paid and there is no amount due under the Indian Stamps Act.
cs To
1.The Joint Sub-Registrar No.2, Sub-Registrar's Office, Tirunelveli.
2.The Deputy Collector (Stamps), Kokkirakulam, Tirunelveli - 9.