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Madras High CourtWP/5483/2017dismissed as infructuous

Marappan v. The Special Deputy Collector

2020-12-02Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.5483 and 5487 of 2017 Marappan ... Petitioner in both W.Ps .Vs.

1. The Special Deputy Collector (Stamps), Salem.

2. The Special Tahsildar (Stamps), Namakkal, Namakkal District.

3. The District Registrar, Namakkal District, Namakkal.

4. The Sub Registrar, Sub Registrar's Office, Velur, Paramathi Velur Taluk, Namakkal District.

... Respondents in W.P.No.5483/2017

1. The District Registrar, Namakkal District, Namakkal.

2. The Sub Registrar, Sub Registrar's Office, Velur, Paramathi Velur Taluk, Namakkal District.

... Respondents in W.P.No.5487/2017 W.P.No.5483 of 2017 is filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 1st respondent to dispose the Appeal Petition dated 11.01.2016 filed by the petitioner before the 1st respondent in accordance with the provisions of the Tamil Nadu Stamp Act, 1967. W.P.No.5487 of 2017 is filed under Article 226 of the Constitution of India for issuing a writ of mandamus directing the 1st respondent to issue necessary direction to the 2nd respondent to fix the guideline value of the petitioner's land bearing Survey No.343/1 situated at Velur, Velur Taluk, Namakkal District as Rs.5 lakhs per acre by categorizing as the

agricultural land based on the petitioner's representation dated 18.07.2016 made to the 1st respondent.

For Petitioner : Mr.Thameen Ansari (in both W.Ps) for Mr.K.Kannan For Respondents: Mr.P.P.Purushothaman, (in both W.Ps) Government Advocate C O M M O N O R D E R The petitioner has filed W.P.No.5483 of 2017 to issue a Writ of Mandamus directing the 1st respondent to dispose the Appeal Petition dated 11.01.2016 filed by the petitioner before the 1st respondent in accordance with the provisions of the Tamil Nadu Stamp Act. The petitioner has also filed W.P.No.5487 of 2017 to issue a Writ of Mandamus directing the 1st respondent to issue necessary direction to the 2nd respondent to fix the guideline value of the petitioner's land bearing Survey No.343/1 situated at Velur, Velur Taluk, Namakkal District as Rs.5 lakhs per acre by categorizing as the agricultural land based on the petitioner's representation dated 18.07.2016 made to the 1st respondent.

2.When the Writ Petitions are taken up for hearing, Mr.P.P.Purushothaman, learned Government Advocate appearing for the respondents submitted that the petitioner's Sale Deed was registered as Document No.155 of 2013 and the petitioner has also paid the deficit stamp duty of Rs.8,050/- and deficit registration charges of Rs.1,150/- and received the document on 15.09.2020. The learned Government Advocate also produced a copy of the letter dated 30.11.2020 sent to him by the Special Deputy Tahsildar, Salem.

3.Since the petitioner had already received the document on 15.09.2020, nothing survives for adjudication in both the Writ Petitions. Accordingly, both the Writ Petitions are dismissed as infructuous. No costs.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar

To

1. The Special Deputy Collector (Stamps), Salem.

2. The Special Tahsildar (Stamps), Namakkal, Namakkal District.

3. The District Registrar, Namakkal District, Namakkal.

4. The Sub Registrar, Sub Registrar's Office, Velur, Paramathi Velur Taluk, Namakkal District.

+1cc to the Government Pleader, S.R.No.38862 W.P.Nos.5483 and 5487 of 2017 rr ii (28/12/2020)