N GOPALAKRISHNAN Vs. SPECIAL DEPUTY COLLECTOR STAMPS

JUDGEMENT

(1.) IN this case, the petitioner has purchased a land in Survey No,5/2 and 5/3 of Sevvampatti Village, Potchampalli Sub Registration District, Krishnagiri Registration District, measuring an extent of 2.35 acres on the execution of two sale deeds by the vendor dated 01.10.2001 and on payment of stamp duty on the market value, they were registered as document Nos.1091/2001 and 1092/2001 in the second respondent's office. Even after registration, the document was not returned and no reference was made under Section 47 A (1) of the INdian Stamps Act. After the petitioner caused legal notice dated 04.05.2007, the communication was made by the second respondent on 22.05.2007 stating that the proceedings under Section 47-A(1) are pending in respect of the documents No.1091/2001 and 1092/2001. IN these circumstances, placing reliance on the judgment of this Court, the present writ petition is filed for a direction against the respondents to release the documents.

(2.) IT is not in dispute that the said sale deeds were registered in the office of the second respondent on the date of presentation, namely, on 01.10.2001 and from 01.10.2001 till 22.05.2007 when communication was sent to the petitioner, stating that 47-A (1) proceedings are pending, there is no notice issued in respect of the initiation of 47-A(1) proceedings except the said letter dated 22.05.2007.

(3.) IN such view of the matter the writ petition stands allowed with direction to the second respondent to release the document Nos.1091/01 and 1092/01 dated 01.10.2001 to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. No costs.