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Madras High CourtCMA/775/2020dismissed

P.Sridhar v. The Cheif Controlling Revenue Authority

2021-03-18Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.4887 of 2020 1.P.Sridhar 2.P.Loganathan 3.P.Kamalakannan ..Appellants Vs.

1.The Chief Controlling Revenue Authority & Inspector General of Registration, Chennai - 600 028.

2.District Registrar, District Registration Office, Coonoor Road, 3.Sub Registrar, Udhagamandalam - 643 001. ..Respondents Prayer : Civil Miscellaneous Appeal filed under Section 47-A (10) of the Indian Stamps Act, against the order of the respondent made in her proceedings in No.39863/P1/2016 dated 13.12.2019(Received on 20.12.2019).

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For Appellants :

Mr.A.U.Ilango For Respondents :

Mr.T.M.Pappiah Special Government Pleader

J U D G M E N T

The order passed in a Revision Petition in proceedings dated 13.12.2019 under Section 56(1) of the Indian Stamp Act, is under challenge in the Civil Miscellaneous Appeal.

2. The appeal on hand is filed under Section 47-A(10) of the Indian Stamp Act. Sub Clause 10 contemplates that "Any person aggrieved by an order of the authority prescribed under sub-section (5) or the Chief Controlling Revenue Authority under sub-section (6) may, within such time and in such manner, as may be prescribed by rules made under this Act, appeal to the High Court."

3. Therefore, an order passed under Section 47-A(5) alone is appealable under Section 47-A(10) of the Indian Stamp Act and in respect of other orders, the appeal under Section 47-A(10) is not entertainable. Thus, the appellants have to redress their grievances in the 2/4

manner known to law and the present appeal is not entertainable, in view of the express provision as stated above. The appellants are at liberty to approach the competent Forum for the purpose of redressal of their grievances.

4. With this liberty, the Civil Miscellaneous Appeal in C.M.A.No.775 of 2020 stands dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed. 18.03.2021 kak Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order To 1.The Chief Controlling Revenue Authority & Inspector General of Registration, Chennai - 600 028.

2.District Registrar, District Registration Office, Coonoor Road, 3/4

S.M.SUBRAMANIAM, J.

kak 3.Sub Registrar, 17.03.2021 4/4