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Madras High CourtREV.APPL/36/2018disposed of

The Inspector Generalof v. M/S.Peps Industries Pvt. Ltd.,

2018-03-21Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2018

CORAM

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN Review Application No.36 of 2018

1. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.

2. The Special Deputy Collector (Stamps) Salem, Namakkal, Dharmapuri and Krishnagiri, District Collectorate, Salem 636 001.

3. District Registrar, Kelamangalam Hosur Main Road, Kelamangalam, Attibela- Royakottai Road, Tamil Nadu 635 113.

... Review Petitioners vs.

M/s. Peps Industries Pvt Ltd., Having its Registered Office at S.F.No.192,7/83, Uthupalayam Road, Arasur Post, Coimbatore - 641 407.

... Respondent Review Application has been filed under Order XLVII Rule 1 of the Civil Procedure Code read with Section 114 of C.P.C, against the judgment and decree passed in C.M.A No.1390 of 2017 dated 24.08.2017 on the file of the High Court.

For Review Petitioners : Mrs.A.Madhumathi Additional Government Pleader For Respondent : Mr.S.Raghunathan

J U D G M E N T

This Review Application has been filed seeking for review of the judgment dated 24.08.2017 passed in C.M.A No.1390 of 2017.

2. The Review Application has been filed by the respondents in CMA No.1390 of 2017, claiming that the judgment of this Court in WP (MD) Nos.1922 of 2004 etc. dated 01.07.2007 was not brought to the notice of this Court. The Civil Miscellaneous Application itself has been allowed, on the ground that the suo-motu powers under Section 47 -A of the Indian Stamp Act, 1899, cannot be invoked after 5 years as per Section 47-A (7) (b) of the Act. The order of the Special Deputy Collector (Stamps), which is sought to be revised suo-motu dated 08.02.2008, this suo-motu proceedings were initiated on 21.06.2013 i.e., after the period of 5 years contemplated under Section 47-A (7) (b) of the Act. The judgment referred to in the batch of writ petitions, even according to the learned Government Pleader, do not cover the above issue. Hence, I do not see any error apparent on the face of the record to enable to entertain the review. The Review Petition is accordingly dismissed. No costs.

21.03.2018 jv Index: No Internet: Yes Speaking order

To

1. The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai 600 028.

2. The Special Deputy Collector (Stamps) Salem, Namakkal, Dharmapuri and Krishnagiri, District Collectorate, Salem 636 001.

3. District Registrar, Kelamangalam Hosur Main Road, Kelamangalam, Attibela- Royakottai Road, Tamil Nadu 635 113.

R.SUBRAMANIAN,J.

Jv Review Application No.36 of 2018 21.03.2018