Nagarajan M v. The Inspector General Of Registration

2025:MHC:2303

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-08-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No. 16534 of 2025 Nagarajan M Petitioner(s) Vs 1.The Inspector General Of Registration Department Of Registration, 100, Santhome High Road, Chennai-28.

2.The Special Deputy Collector (Stamps) Salem District.

3.The District Registrar (Administration) Krishnagiri District.

4.The Sub Registrar, Vepanapalli Sub Registrar Office, Krishnagiri District.

Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the file of the 2nd respondent in order S.R.No.2155/2019VP1 dated /12/2021 and quash the same same as illegal, incompetent and without jurisdiction and further direct the respondents to return petitioner Document No.3186/2019 dated 06.12.2019 and to make appropriate decision.

For Petitioner(s):

Mr.A.Arun Kumar For Respondent(s):

Mr.U.Baranidharan, SGP

ORDER

The present writ petition has been filed praying for a writ of certiorarified mandamus to quash the order passed by the 2 nd respondent vide S.R.No.2155/2019VP1 dated /12/2021 and to direct the respondents to return Document No.3186/2019 dated 06.12.2019 to the petitioner.

2. It is submitted by the learned counsel for the petitioner that petitioner purchased 66.75 cents of agricultural land in Survey No.133/3G at Pannapalli Village, Krishnagiri Taluk and District from Dasappa, Echchappa, and Subramani, through a registered sale deed vide Doc.No.3186/2019 dated 06.12.2019. The land was valued at Rs.1,90,000/- and the petitioner paid Rs.13,957/- as stamp duty. However, the Sub-Registrar withheld the document and referred it to the Special Deputy Collector (Stamp) under Section 47-A(1) of the Indian Stamp Act, 1899 arbitrarily revising the land value to Rs.20,47,311/- per acre, by treating it as residential land. Thereafter, petitioner was directed to pay an additional stamp duty of Rs.83,090/-. Later, the Special Deputy Collector reduced the land value and demanded a stamp duty of Rs.70,883/-. Aggrieved by the decision of the Special Deputy Collector, petitioner preferred an appeal before the Inspector General of Registration, but no further action has been taken, and the document has not been returned.

3. It is further submitted by the learned counsel for the petitioner that the land has been continuously used for agricultural purposes, as stated in the

Adangal records. It is contended that valuation for stamp duty should be based on the land's classification and status at the time of execution of the document and not on the classifications of adjacent land or any potential future conversions. Aggrieved by the same, the petitioner has filed this writ petition.

4. The learned Special Government Pleader appearing on behalf of the respondents would oppose the contentions of the petitioner and submits that the petitioner had preferred an appeal challenging the order in S.R.No.2155/2019VPI, passed under Section 47-A(1) of the Indian Stamp Act, 1899, before the Inspector General of Registration. The learned Special Government Pleader would further submit that the appeal is yet to be disposed of and agrees to dispose of the same within a time frame.

5. At this juncture, the learned counsel for the petitioner requests that there may be a direction to the Revenue Authorities to dispose of the appeal submitted by the petitioner within a time frame fixed by this Court. The learned Special Government Pleader states that the appeal is yet to be disposed of and

the same would be disposed of within a specified time frame.

6. In view of the above submissions made, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to respondents, to dispose of the appeal challenging the order in S.R.No.2155/2019VPI, on its own merits and pass appropriate orders in accordance with law, after affording a reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, including rival claimants, if any, within a period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

7. With the above directions, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. No costs. 04-08-2025 Index:Yes/No Speaking/Non-speaking order Jeni To 1.The Inspector General Of Registration Department Of Registration, 100, Santhome High Road, Chennai-28 2.The Special Deputy Collector (Stamps) Salem District 3.The District Registrar (Administration) Krishnagiri District 4.The Sub Registrar Vepanapalli Sub Registrar Office, Krishnagiri District

MOHAMMED SHAFFIQ J.

Jeni 04-08-2025