S.Ganapathy v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.25801 of 2023 S.Ganapathi Vice President Vengal Village Panchayat No.894, Ottarpalayam Street Vengal 601 103 Thiruvallur District ... Petitioner Vs 1.The Inspector General of Registration O/o Inspector General of Registration No.120, Santhome High Road Foreshore Estate Chennai 600 028 2.The District Collector Thiruvallur District Thiruvallur 602 001 3.The District Registrar O/o District Registrar Thiruvallur District Thiruvallur 602 001 4.The Sub-Registrar Page 1/5
Office of the Sub-Registrar Arani, Thiruvallur District 5.N.D.R Warehousing Private Limited Rep. by its Managing Director No.54, "B" Block 103, Sreekaram Apartment Pallavan Ngar, Maduravoyal Chennai 600 095 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent herein to take appropriate action on the petitioner's representation dated 01.12.2022, 23.01.2023, 20.02.2023, and 06.03.2023 and pass odes therein by providing an opportunity of hearing to the petitioner and other stake holders. For Petitioner : Mr.S.Thirumalavan For Respondent : Mr.B.Vijay Addl. Govt. Pleader for R1 to R4 R5 - Unserved
O R D E R
This writ petition has been filed seeking a direction to the respondents to consider the representations of the petitioner and to take stringent action against the respondents.
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2. It is the grievance of the writ petitioner that the fifth respondent has purchased the property and has registered, undervaluing the same. In this regard, the petitioner has given a representation, however, no action has been taken. Whereas, it is the stand of the Revenue that since stamp has been paid for the guideline value, the document has been registered. After the complaint received from the petitioner, on inspection, they found that the superstructure has been undervalued and the panel report is awaited in this regard and based on the report, further action will be taken. It is for the authorities to take action as per the valuation report, in accordance with law. The submission is recorded.
3. It is further to be noted that whether any instrument has been registered undervaluing, the same has to be seen only by the authorities by forming a prima facie opinion about the under valuation when the document is being presented for registration. If such opinion is formed by the Sub Registrar or he has reason to believe that the property is undervalued, then he has to refer the document to the District Collector for determining the correct value as per Section 47-A of the Stamp Act. Once the Sub Registrar or the District Registrar or the Registering authority concerned, has not doubted the value and registered the document and released the document, merely on the basis of some Page 3/5
complaint given by the third parties for some other reasons or motive, every concluded registration cannot be reopened as a matter of right.
4. With the above observation, the writ petition is disposed of. No costs. 18.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr To 1.The Inspector General of Registration O/o Inspector General of Registration No.120, Santhome High Road Foreshore Estate, Chennai 600 028 2.The District Collector Thiruvallur District, Thiruvallur 602 001 3.The District Registrar O/o District Registrar Thiruvallur District, Thiruvallur 602 001 4.The Sub-Registrar Office of the Sub-Registrar Arani, Thiruvallur District 5.The Government Pleader High Court, Madras Page 4/5
N.SATHISH KUMAR , J.
Asr W.P.No.25801 of 2023 18.06.2024 Page 5/5