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Madras High CourtWP/11097/2024disposed of

S.Gunasekaran v. The Inspector General

2024-04-24Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :24.04.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.11097 of 2024 and W.M.P.No.12173 of 2024 1.S.Gunasekaran 2.S.Prakashkumar ... Petitioners Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai 600 028.

2.The District Revenue Officer (Stamps), Coimbatore District - 641 018.

3.The District Registrar (Administration) / Enquiry Officer, Tirupur District - 641 602.

4.The Sub Registrar, Office of the Sub Registrar, Nallur, Tirupur District 641 606.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the third respondent to conduct the field inspection of the property being an agricultural land comprised in S.F.No.309/2 admeasuring an extent of 1.00 punja acres (0.40.48 punja hectares) situated at Nallur Village, Tirupur South Taluk, Page No.1 of 6

Tirupur District after duly issuing notice to the petitioners and thereupon fix the actual market value of the same and forthwith forward the original files pertaining to the field inspection report and fixation of market value to the 1st respondent in terms of strict compliance with the letter bearing No.10042/N2/2023 dated 17.04.2023 issued by the 1st respondent and to further direct the 1st respondent upon receipt of the report to dispose of the pending un-numbered appeal No.Nil of 2023 filed by the petitioners on 10.03.2023 under Section 47(A)(5) of Indian Stamp Act, 1899, after affording an opportunity of fair personal hearing to the petitioners in accordance with law and on merits expeditiously within a stipulated time frame as fixed by this Court.

For Petitioners : Mr.R.Prabakar For Respondents : Mr.Yogesh Kannadasan, SGP

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the third respondent to conduct the field inspection of the property being an agricultural land comprised in S.F.No.309/2 admeasuring an extent of 1.00 punja acres (0.40.48 punja hectares) situated at Nallur Village, Tirupur South Taluk, Tirupur District after duly issuing notice to the petitioners and thereupon fix the actual market value of the same and forthwith forward the original files pertaining to the field inspection report and fixation of market value to the 1st respondent in Page No.2 of 6

terms of strict compliance with the letter bearing No.10042/N2/2023 dated 17.04.2023 issued by the 1st respondent and to further direct the 1st respondent upon receipt of the report to dispose of the pending unnumbered appeal No.Nil of 2023 filed by the petitioners on 10.03.2023 under Section 47(A)(5) of Indian Stamp Act, 1899, after affording an opportunity of fair personal hearing to the petitioners in accordance with law and on merits expeditiously within a stipulated time frame as fixed by this Court.

2. With the consent of both sides, this Writ Petition is disposed of at the admission stage itself.

3. The petitioners are the joint purchasers of the subject property. The second respondent passed an order on 18.01.2023, determining the market value of the subject property as Rs.72,75,020/-. Aggrieved over the same, the petitioners had preferred an appeal on 10.03.2023 before the first respondent. Since no order has been passed in the said appeal, the petitioners are before this Court.

Page No.3 of 6

4. Heard Mr.R.Prabakar, learned counsel for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents.

5. Considering the limited relief sought for in this writ petition, the first respondent is directed to dispose of the appeal filed by the petitioner on 10.03.2023, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 24.04.2024 Speaking / Non-speaking gsk Page No.4 of 6

To 1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai 600 028.

2.The District Revenue Officer (Stamps), Coimbatore District - 641 018.

3.The District Registrar (Administration) / Enquiry Officer, Tirupur District - 641 602.

4.The Sub Registrar, Office of the Sub Registrar, Nallur, Tirupur District 641 606.

Page No.5 of 6

N.SATHISH KUMAR, J.

gsk W.P.No.11097 of 2024 and W.M.P.No.12173 of 2024 24.04.2024 Page No.6 of 6