Vajjhala Shanta Moorthy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.Nos.37503 to 37507 of 2015 & M.P.Nos.1 to 1 of 2015 Vajjhala Shanta Moorthy

...Petitioner in WP.37503/15

Dodda Madhu Babu ...Petitioner in WP.37504/15 Vadlamani Hari Kiran ...Petitioner in WP.37505/15 Vajjhala Linga Moorthy ...Petitioner in WP.37506/15 Vadlamani Padmaja ...Petitioner in WP.37507/15 Vs.

1. The State of Tamil Nadu, rep. by its Secretary, Revenue Department, Fort St. George, Chennai-600 009.

2. The Inspector General of Registration, Santhome, Chennai-600 028.

3. The District Revenue Officer(Stamps), District Collector's Office Complex, Coimbatore-641 018.

4. The Sub-Registrar, Office of the Sub-Registrar of Coonoor, Nilgiris.

5. The Special Deputy Tahsildar(Stamps), Udhagamandalam, Nilgiris.

...Respondents in all WPs

Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records culminating in the orders dated 14.07.2015 in Mu Pa No.750 of 2014 (W.P.No.37503 of 2015), Mu Pa No.747 of 2014 (W.P.No.37504 of 2015), Mu Pa No.740 of 2014 (W.P.No.37505 of 2015), Mu Pa No.741 of 2014 (W.P.No.37506 of 2015), and Mu Pa No.744 of 2014 (W.P.No.37507 of 2015) passed by the third respondent and quash the same.

For Petitioner in all W.Ps.

: Mr.K.F.Manavalan For Respondents in all W.Ps.

: Mr.A.Kumar Special Government Pleader COMMON ORDER By consent of both parties, these writ petitions are taken up for final disposal at the admission stage itself.

2. Challenging the orders impugned, by which, the petitioners were asked to pay the deficit stamp duty, these writ petitions have been filed.

3. The learned counsel appearing for the petitioners would submit that without following the procedure, the impugned orders have been passed.

4. A perusal of the orders impugned would show that Form-II notice has been passed on 01.04.2015. It is the case of the petitioners that the said order has not been served on the petitioners. Be that as it may. The orders impugned are only consequential to the orders passed under Form-II dated 01.04.2015.

5. Thus, the 3rd respondent is directed to furnish the copy of the order passed under Form-II dated 01.04.2015, to the petitioners, within a period of four weeks from the date of receipt of a copy of this order. After receipt of the same, the petitioners can workout their remedies by way of filing statutory appeals. Till the copies of the aforesaid order are served on the petitioners, status quo as of now shall be maintained.

6. Accordingly, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ogy/dn To

1. The Secretary, Revenue Department, Fort St.George, Chennai-600 009.

2. The Inspector General of Registration, Santhome, Chennai-600 028.

3. The District Revenue Officer(Stamps), District Collector's Office Complex, Coimbatore-641 018.

4. The Sub-Registrar, Office of the Sub-Registrar of Coonoor, Nilgiris.

5. The Special Deputy Tahsildar(Stamps), Udhagamandalam, Nilgiris.

+5cc's to Mr.K.F.Manavalan, Advocate, S.R.No.64310 to 64314 +1cc to the Government Pleader, S.R.No.64232 W.P.Nos.37503 to 37507 of 2015 & M.P.Nos.1 to 1 of 2015 SR(CO) CA(14/12/2015)