Dr.Ramesh Kumar Gurunathan v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.15818 of 2025

1. Dr.Ramesh Kumar Gurunathan S/o Gurunathan Chinnanna Gounder 2.Dr.Vasuki Gnana Jothi W/o Dr.Ramesh Kumar Gurunathan Both are represented by their GPA Mr.G.Suresh Kumar Petitioners Vs 1.The Inspector General of the Registration Department Santhome, Chennai.

2.The District Revenue Officer (Stamps) Collector Office Building, Chennai 600 001 3.The Deputy Registrar, The Office of Sub Registrar, Thiruporur.

Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to dispose of the appeal dated 12.09.2024 pending on its file, within any time frame fixed by this Court.

For Petitioners : Mr.S.Siva Shanmugam For Respondents : Mr.U.Baranidharan Special Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to dispose of the appeal filed under Section 47(A)(5) of the Stamp Act, 1899, within a time frame fixed by this Court.

2. Heard Mr.S.Siva Shanmugam, learned counsel for petitioners and Mr.U.Baranidharan, learned Special Government Pleader appearing for respondents.

3. A sale deed dated 14.07.2023 came to be executed and it was found that there is undervaluation. Therefore, the document was referred to the second respondent under Section 47(A)(1) of the Indian 2/4

Stamp Act for determination of market value and for collection of difference in stamp duty. The second respondent passed an order by determining the market value and quantifying the stamp duty payable. Aggrieved by the same, the petitioner preferred an appeal before the first respondent under Section 47(A)(5) of the Indian Stamp Act on 12.09.2024. Since there was no progress, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the first respondent to deal with the appeal filed by the petitioner on its own merits and in accordance with law and pass orders within a period of six (6) weeks from the date of receipt of a copy of this order. The petitioner has sought for interim direction to release the document. Such a direction cannot be issued by this Court in view of the judgment of the Division Bench in Special Deputy Collector (Stamps) and another v. M.Alfred and others [2017 (2) CWC 896]. 3/4

N.ANAND VENKATESH, J gm This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 22.04.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Inspector General of the Registration Department Santhome, Chennai. 2.The District Revenue Officer (Stamps) Collector Office Building, Chennai 600 001 3.The Deputy Registrar, The Office of Sub Registrar, Thiruporur.

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