- (1.) The Petitioner, who has registered the document with the Sub Registrar, Velliyanai, Karur Taluk & District, would contend that in spite of registration of the said document, dated 09.06.2010, the first Respondent has not returned the same and which has been kept as pending document No. P201000029.
(2.) The main grievance of the Petitioner is that if the authorities is not satisfied with the amount of the stamp duty paid or the valuation as disclosed by the Petitioner, it is always open for them to send the document under Section 47(A) of the Indian Stamp Act. (for short 'the Act') fixing the proper value of the property. But, even if it is referred to under Section 47(A) of the Act, there is No. impediment for the Respondents for returning the document in question pending disposal of the 47(A) application with necessary endorsement regarding the charge over the property. In this connection, the Petitioner made a representation on 15.07.2010 requesting the Respondents to return the document. But, in spite of the same, they have not returned the documents. Therefore, he seeks for a Mandamus directing the first Respondent to return the document.
(3.) In support of his contention, he garners a judgment of this Court in Karmegam.G v. The Joint Sub-Registrar, IV, Madurai,2007 5 CTC 737, in which the question of reference period for 47(A) was dealt with. Incidentally, he would also contend that in so far as the return of document is concerned, it could be ordered with necessary endorsement and similar orders to this effect have also been passed by this Court. He has also produced an unreported order of this Court made in W.P(MD). No. 8751 of 2009 dated 16.09.2009. Therefore, he would contend that the documents should be returned forth with and as regards payment of disputed stamp duty, he fairly submits that it can be referred to under Section 47(A) of the Indian Stamp Act.;