S. Ayyanar vs The District Revenue Officer (Stamp) and The Sub-Registrar

D. Hariparanthaman, J.—The petitioner has filed the present writ petition seeking for a direction to the second respondent to release the sale

deed registered as Document No. 2183/2009 to the petitioner.

When the matter was taken up for final hearing, the learned Counsel for the petitioner submitted that in similar circumstances, this Court had

directed the return of the document after taking an undertaking from the petitioner that he will not alienate the property in question pending orders

in the proceedings u/s 47A of the Stamps Act. In this regard, learned Counsel for the petitioner relied on the judgment of this Court passed on

01.03.2006 in W.P. No. 5668 of 2006 Dhandapani v. The Sub-Registrar, Kurinjipadi, Cuddalore District and Anr.. Learned Government

Advocate also concedes that similar order may be passed in the present writ petition also.

In view of the above, the respondents are directed to release the original sale deed referred to above to the petitioner subject to the petitioner

filing an affidavit of undertaking not to alienate the property pending orders in the proceedings u/s 47A of the Stamps Act. The respondents are

further directed to make an endorsement on the document noting the pendency of the proceedings u/s 47A and also make it clear that there will be

a charge on the property on the difference in stamp value, if any. The respondents are directed to comply with the above directions, within two

weeks from the date of receipt of copy of this order.

With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.