Madras High Court
Arulmurughu vs The Sub Registrar on 1 April, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.10311 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.10311 of 2025
1. ARULMURUGHU
S/o.T.Loganathan,
73, Rathinasabapathy Puram, 3rd
Cross Street, Mahalingapuram Post,
Pollachi-642 002.
2. SARAVANAMURUGHU
S/o.T.Loganathan,
85, Arumugam Nagar,
Mahalingapuram Post,
Pollachi-642 002
Petitioners
Vs
1.The Sub Registrar
Sub Registrar Office,
Kinathukkadavu Taluk,
Coimbatore District
2.The Inspector General of
Registration, Coimbatore District.
Respondents
[R2 suo motu impleaded as per the
order of this Court dated 01.04.2025]
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the respondent
1/4
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Writ Petition No.10311 of 2025
to return the original sale deed dated 06.12.2022 registered as
Doc.No.12464 of 2022 on the file of the respondent.
For Petitioners : Mr.K.Venkatasubban
For Respondents : Mr.U.Baranidharan
Special Government Pleader
*****
ORDER
The Inspector General of Registration, Coimbatore District, is
suo motu impleaded as second respondent in this writ petition.
2. This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents to return the original sale deed date
06.12.2022 registered as Document No.12464 of 2022.
3. Heard Mr.K.Venkatasubban, learned counsel for petitioners
and Mr.U.Baranidharan, learned Special Government Pleader appearing
for respondents.
4. When the matter was taken up for hearing, learned Special
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Writ Petition No.10311 of 2025
Government Pleader appearing on behalf of the respondents produced the
written instructions given by the first respondent. On going through the
same, it is seen that proceedings were initiated under Section 47A of the
Stamp Act on the ground that the property has been undervalued. After
enquiry, the order was passed by the District Revenue Officer (Stamps)
and aggrieved by the same, an appeal was filed before the Inspector
General of Registration under Section 47A(5) of the Stamp Act and the
same is pending. In the mean time, the present writ petition has been
filed before this Court seeking to return the original sale deed.
5. In the considered view of this Court, when the proceedings
are pending under Section 47A of the Stamp Act, there is no question of
returning the document till the completion of the proceedings. Useful
reference can be made to the judgment in Special Deputy Collector
(Stamps) and another v. M.Alfred and others [2017 (6) CTC 449].
6. In view of the above, considering the long pendency of the
proceedings, there shall be a direction to the Inspector General of
Registration, the impleaded second respondent, to dispose of the pending
appeal after affording opportunity to the petitioners within a period of
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Writ Petition No.10311 of 2025
eight (8) weeks from the date of receipt of a copy of this order.
N.ANAND VENKATESH, J
gm
This writ petition is disposed of with the above direction. No
costs.
01.04.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
Note:
Registry is directed to carry out necessary amendment in all the
concerned records.
To
1.The Sub Registrar
Sub Registrar Office,
Kinathukkadavu Taluk,
Coimbatore District
2.The Inspector General of
Registration, Coimbatore District.
Writ Petition No.10311 of 2025
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