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Madras High CourtWP/27410/2022disposed of with direction

R.Chandra Gupta v. The Inspector General Of Registration

2022-10-13Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI R. Chandra Gupta ... Petitioner vs.

1. The Inspector General General of Registration, 100, Santhome High Road, Chennai - 600 038.

2. The District Revenue Officer( Stamps) Office of the District Collector, V Floor, Singaravelar Maligai, No.32, Rajaji Salai, Chennai 600 001.

3. The Sub Registrar, Ambattur, Town and Taluk, Tiruvallur District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to return the registered sale Deed dated 14.09.2007 bearing Document No.10448 of 2007, on the file of the 2nd respondent and pass orders.

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For Petitioner : Mr.Govind Chandrasekhar For Respondents : Mr.G. Krishna Raja Additional Government Pleader

ORDER

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2.This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondent to return the registered sale Deed dated 14.09.2007 bearing Document No.10448 of 2007, on the file of the 2nd respondent.

3. The case of the petitioner is that the second respondent issued a Form-I notice dated 03.12.2007 under Rule 4 of the Tamil Nadu Stamp ( Prevention of Undervaluation of Instruments) Rules, 1968 for the alleged undervaluation of the sale deed bearing document no.10448 of 2007 dated 14.09.2007 and the stamp duty paid thereon. However reply was given by the petitioner to the 2nd respondent regarding the said issue on 23.12.2007. Without taking note of the said reply the second respondent issued Form-II on 26.02.2008. Against which the petitioner preferred an appeal before the first respondent and the same was dismissed. Aggrieved over the same the 2/5

petitioner preferred a C.M.A.No.497 of 2014 before this Court and this Court vide order dated 08.09.2017 allowed the appeal in favour of the petitioner, but the same was not implemented. Therefore the petitioner has give a representation before the respondents on 21.02.2022 and 18.05.2002, but the same was not considered. Hence the petitioner has filed the present Writ Petition.

4. The learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondent to consider the petitioners representation and pass orders within a time frame as stipulated by this Court.

5. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation will be considered and appropriate orders will be passed, if it is otherwise in order.

6. Recording the submission made by the Additional Government Pleader, this Court directs the third respondent to return the registered sale deed dated 14.09.2007 bearing Document No.10448 of 2007 within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment.

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7. With the above observations and directions, this Writ Petition is disposed of. No costs.

13.10.2022 Index :

Yes/No Speaking order :

Yes/No smn To

1. The Inspector General General of Registration, 100, Santhome High Road, Chennai - 600 038.

2. The District Revenue Officer( Stamps) Office of the District Collector, V Floor, Singaravelar Maligai, No.32, Rajaji Salai, Chennai 600 001.

3. The Sub Registrar, Ambattur, Town and Taluk, Tiruvallur District.

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M.DHANDAPANI,J.

smn 13.10.2022 5/5