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Madras High CourtWA/1729/2018disposed of

The Disrict Collector, v. Pritam Kukillaya,

2018-08-13Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.8.2018

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.No.1729 of 2018 and C.M.P.No.13809 of 2018 1 The District Collector Chennai District O/o. the District Collector 5th Floor M.Singaravelar Maligai No.32 Rajaji Salai Chennai-600 001.

2 The District Revenue Officer (Stamps) O/o. the District Collector 5th Floor M.Singaravelar Maligai No.32 Rajaji Salai Chennai-600 001.

3 The Sub Registrar Sub Registrars Office Mylapore Chennai-600 004.

Appellants

Versus

1 Pritam Kukillaya 2 Subhashri Kukillaya Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 26.2.2016 passed in W.P.No.7199 of 2016 on the file of this court.

WP.No. 7199 of 2016 Writ Petition has been filed under Article 226 of the Constitution of India, praying for Writ of Mandamus directing the Respondents herein to return the registered sale deed bearing Document No.1660 of 2015 dated 04.06.2015 on the file of the 3rd Respondent herein within a time frame that may be fixed by this Hon'ble Court.

For appellants : Mr.T.M.Papaiaah Special Government Pleader For respondents : Mr.K.Elango

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader appearing for the appellants and Mr.K.Elango, learned counsel, who takes notice on behalf of the respondents.

2. The writ appeal has been filed by the Revenue Department, challenging the order passed by the learned Single Judge in directing for return of the registered sale deed withheld by the third appellant.

3. It appears that the proceedings initiated by the appellants under Section 47-A of the Stamp Act in the matter of registration of a sale deed presented by the respondents herein, gave rise to the writ petition. Now, it is brought to the notice of this court that by extending some concession by way of Samadhan Scheme, as against the claim of difference in stamp duty to the tune of Rs.3,80,079, a sum of Rs.2,96,916/- has been paid and thereupon, the document is also released.

4. In view of the above, we are of the view that nothing survives for adjudication in this writ appeal. Accordingly, it is disposed of. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk To:

1 The District Collector Chennai District O/o. the District Collector 5th Floor M.Singaravelar Maligai No.32 Rajaji Salai Chennai-600 001.

2 The District Revenue Officer (Stamps) O/o. the District Collector 5th Floor M.Singaravelar Maligai No.32 Rajaji Salai Chennai-600 001.

3 The Sub Registrar Sub Registrars Office Mylapore Chennai-600 004.

+1cc to Mr.K.Elango, Advocate, S.R.No. 56295 +1cc to the Government Pleader, S.R.No.56407 W.A.No.1729 of 2018 PA(CO) rrs 22/10/2018.