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Madras High CourtCONT P/1826/2024closed

Shantabai v. K.Murugan,

2024-07-31Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

1 Cont.P. No.1826 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM:

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Cont. P. No.1826 of 2024 Mrs. Shantabai

...Petitioner

Vs.

Mr.K. Murugan The Sub Registrar, Sub Registration Office, Periamet, 1103, Poonamallee High Road, Park Town, Poongavanapuram, Chennai, Tamil Nadu - 600 003 ... Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent for disobeying the order of this Hon'ble Court dated 01.11.2021 in W.P. No.16342 of 2020 and pass orders accordingly.

For Petitioner : Mr. P. Subba Reddy For Respondent : Mr. P. Anandakumar (Spl. Government Pleader)

2 Cont.P. No.1826 of 2024 *****

O R D E R

The Contempt Petition has been filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent for disobeying the order of this Hon'ble Court dated 01.11.2021 in W.P. No.16342 of 2020 and pass orders accordingly.

2.Today, when this Contempt Petition was taken up, the learned Government Pleader appearing for the respondent submitted after producing counter that on enquiry, the District Registrar of the Central Chennai Registration District has a final passed order in Proceeding No.5721/B1/2023 dated 25.07.2024 confirming that the petitioner is liable to pay Stamp Duty under Article 58(a)(ii) for executing the Settlement Deed in favour of non-family member and if the petitioner is aggrieved by the aforesaid order dated 25.07.2024, she can file an Appeal before the Chief Controlling Revenue Authority seeking for her appropriate relief. Further, he relied on the Section 33-A(2) of the Stamp Act which reads as follows:

3 Cont.P. No.1826 of 2024 (2).The certificate of the Registrar of the District under Sub Section(1) shall, subject only to appeal under Sub Section (3) be final and shall not be called in question in any Court or before any authority.

3. In view of the aforesaid submissions made by the learned Government Advocate, it is left open to the petitioner to challenge the order dated 25.07.2024 passed by the District Registrar before the Chief Controlling Revenue Authority seeking for her appropriate relief.

4. Accordingly, the Contempt Petition is closed. 31.07.2024 Lbm Index : Yes / No Internet: Yes/No Speaking order/Non-speaking order To:

1. The Sub Registrar, Sub Registration Office, Periamet, 1103, Poonamallee High Road, Park Town, Poongavanapuram, Chennai-600 003.

4 Cont.P. No.1826 of 2024

2. The Public Prosecutor, Madras High Court.

V.BHAVANI SUBBAROYAN.,J Lbm Cont. P. No.1826 of 2024

5 Cont.P. No.1826 of 2024 31.07.2024