Sudhakar L v. The Inspector General , Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. Sudhakar L S/o.Lakshmanan, No.24, Pillaiyarkovil Street, Karuveppampoondi Village, Olugarai Post, Utheramerur Taluk, Kancheepuram District, Chennai-631 Petitioner(s) Vs
1. The Inspector General , Registration Registration Department- Tamilnadu Government, No.100, Santhome High Road, Mulimanagar, Madavelli Raja Annamalai Puram, Chennai-600 028 2.The District Revenue Officer(stamp) Collectorate Office, 5th Floor, Ma Singaravellar Building, No.32, Rajaji Salai, Chennai-600 001 3.The Registrar Utheramerur Taluk, Kancheepuram District
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records of the 1st respondent order No.MU.Mu.No.27207/N1/2023 dated 7.9.2023 and quash the same as illegal arbitrary and devoid of merits and consequently direct the 2nd respondent herein to return the petitioner document sale deed 1276/2015 dated 9.3.2015 For Petitioner(s):
Mr.R. Krishnakumar For Respondent(s):
Mr.U.Baranidharan Special Government Pleader for R1 to R3
ORDER
This writ petition has been filed challenging the impugned proceedings of the 1 st respondent dated 07.09.2023 and for a consequential direction to the 2 nd respondent to return the sale deed dated 09.03.2015 registered as document No.1276 of 2015.
2.
Heard Mr.R. Krishnakumar, learned counsel for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader for Respondents 1 to 3.
3.
In the considered view of this Court, the order passed by the 1 st
respondent under Section 47A(5) of the Stamp Act can be challenged by way of appeal under Section 47A (10) of the Stamp Act by filing CMA before this Court. Since the petitioner has an efficacious alternative remedy, a writ petition cannot directly lie before this Court.
4.
In view of the above, the Registry is directed to return back the certified copy of the impugned proceedings of the 1 st respondent dated 07.09.2023, in order to enable the petitioner to file a CMA before this Court. The CMA shall be filed within a period of four weeks from the date of receipt of a copy of this order.
5.
This writ petition is disposed of in the above terms. No costs. 28-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Inspector General , Registration Registration Department- Tamilnadu Government, No.100, Santhome High Road, Mulimanagar, Madavelli Raja Annamalai Puram, Chennai-600 028 2.The District Revenue Officer(stamp) Collectorate Office, 5th Floor, Ma Singaravellar Building, No.32, Rajaji Salai, Chennai-600 001 3.The Registrar Utheramerur Taluk, Kancheepuram District
N.ANAND VENKATESH J.
rka 28-04-2025