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Madras High CourtWP/11435/2013closed

M.Vimal Chand, v. The Special Deputy Collector

2022-03-17Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11435 of 2013 and M.P.Nos.1 and 2 of 2013 M.Vimal Chand ... Petitioner Vs.

1. The Special Deputy Collector (Stamps), Vellore and Thiruvannamalai District, Collectorate, Sathuvachari, Vellore 632 009.

2. The Sub Registrar, Ambur 635 802, Vellore District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus Calling for the records of the 1st respondent in C.P.1563 of 2008 and to quash the Recovery Notice therein served on the petitioner on 28.9.2012 and to consequently direct the respondents to forbear from levying demanding or claiming the alleged arrears of Stamp Duty and interest pending determination of the market value of lands being the subject matter of the Registered Sale Deed dated 15.7.2008 Document No.4349 of 2008 on the file of 2nd respondent in accordance with law.

For Petitioner : Mr.T.M.Hariharan For Respondents : Mr.Yogeshkannadasan Special Government Pleader

O R D E R

This petition has been filed for issuance of writ of Certiorarified Mandamus to call for the records of the 1st respondent and to quash the Recovery Notice and consequently direct the respondents to forbear from levying, demanding or claiming the alleged arrears of Stamp Duty and interest pending determination of the market value of lands.

2. When the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents

submitted that the petitioner has challenged the preliminary notice issued by the respondents, however subsequently Section 47-A proceedings were concluded and the petitioner has also paid the entire amount of stamp duty and interest and further the documents has also been released in favour of them and hence nothing survives for further adjudication in this petition.

3. The learned counsel appearing for the petitioner also fairly concedes the said submission of the learned Special Government Pleader.

4. In view of the above, no further adjudication is required and hence the present Writ Petition is closed. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sk To

1. The Special Deputy Collector (Stamps), Vellore and Thiruvannamalai District, Collectorate, Sathuvachari, Vellore 632 009.

2. The Sub Registrar, Ambur 635 802, Vellore District.

+1cc to the Government Pleader, S.R.No.18805 W.P.No.11435 of 2013 GPL(CO) CT 05/04/2022