The District Revenue Officer v. N. Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN And THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.855 of 2016 And C.M.P.No.10989 of 2016 1.The District Revenue Officer (Stamps), District Collectorate Office (5th Floor), No.32, Rajaji Salai, Chennai - 1.

2.The Sub Registrar, Pammal,Chennai 600 075.

... Appellants/Respondents Vs.

N.Ravichandran ... Respondent/Petitioner Prayer:Writ appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 17.02.2014 in W.P.No.30559 of 2013.

Writ petition filed under Article 226 of the Constitution of India for issuance, of a Writ of mandamus to directing the respondents to release the sale deed dated 4.10.2013 bearing document No.6712/2013 on the file of the S.R.O., Pammal, forthwith to the petitioner.

For Appellants : Mrs.A.Srijayanthi Special Government Pleader For Respondent : No Appearance

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN,J.) This intra court appeal is directed against the order dated 17.02.2014 in W.P.No.30559 of 2013 whereby and whereunder the learned Single Judge issued a Mandamus directing the Sub Registrar, Pammal, to release the sale deed executed by the respondent dated 04.10.2013 forthwith after making endorsement with regard to the pendancy of the under-valuation proceedings. 2.The State has come up in appeal with a contention that https://hcservices.ecourts.gov.in/hcservices/

when the statutory proceedings are pending under Section 47 A of the Indian Stamp Act, it was not proper on the part of the learned Single Judge to direct the release of the sale deed. 3.We have adjourned the matter time and again so as to enable the learned Government Pleader to take instructions as to whether the District Revenue Officer, Chennai, passed orders under Section 47 A of the Indian Stamps Act.

4.When the appeal was taken up for hearing today, the District Revenue Officer (Stamps), Chennai, who is present in Court produced a copy of the order dated 22.12.2014, determining the Stamp duty under Section 47 A of the Indian Stamps Act. According to the District Revenue Officer, the respondent paid the deficit Stamp duty and collected the document from the concerned Sub Registrar.

5.The writ petition was filed for release of the document pending adjudication by the District Revenue Officer. The District Revenue Officer has completed adjudication and thereafter, the respondent received the document. We are therefore of the view that nothing survives for adjudication in the present appeal.

6.The intra court appeal is disposed of on account of the subsequent events. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar pri TO 1.The District Revenue Officer (Stamps), District Collectorate Office (5th Floor), No.32, Rajaji Salai, Chennai - 1.

2.The Sub Registrar, Pammal, Chennai 600 075.

+1cc to Government Pleader SR.No.89047 W.A.No.855 of 2016 And C.M.P.No.10989 of 2016 SR(CO) GN(23/01/2018) https://hcservices.ecourts.gov.in/hcservices/