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Madras High CourtWP/4320/2016disposed of

S.Muthukrishnan, v. The Inspector General Of

2016-02-05Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.4320 of 2016 S.Muthukrishnan ... Petitioner Vs.

1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Revenue Officer (Stamps), Coimbatore District, 3.The Sub Registrar, Singanallur, ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to dispose of the Appeal, dated 27.11.2014, preferred by the petitioner within a particular period of time.

For Petitioner :

Mr.M.Sriram For Respondents :

Mr.P.Sanjay Gandhi, Addl.Govt.Pleader.

O R D E R

This Writ Petition has been filed, praying for issuance of a writ of mandamus, directing the first respondent to dispose of the Appeal, dated 27.11.2014, preferred by the petitioner.

2. According to the petitioner, he purchased land and building situated at S.No.741, Singanallur Village, Coimbatore, measuring about 1 acre and 80 cents, vide a registered document No.3450/2013, on the file of Sub-Registrar, Singanallur, Coimbatore, third respondent herein. The land and building were valued in the sale deed as per the guideline value set by the Government. He valued the property at Rs.600/- per cent, which was the market rate, and paid stamp duty of Rs.8,20,050/-

according to the market value in the adjoining lands. Thereafter, the third respondent referred the matter to the second respondent for adjudication under Section 47-A (1) of the Indian Stamp Act. The second respondent, by his notice, dated 27.01.2014, directed the petitioner to produce all relevant documents, to substantiate his case. He submitted his objections to the second respondent and without considering the same, the second respondent has arbitrarily passed an order, dated 22.09.2014, directing him to pay the deficit stamp duty of Rs.14,50,575/-. As against the said order, the petitioner has preferred an appeal before the first respondent and the same is pending with the first respondent for more than one year. Hence, the petitioner has come forward with the present Writ Petition.

3. I have heard the learned counsel for the petitioner and also the learned Additional Government Pleader, appearing for the respondents.

4. Though very many contentions have been raised, this Court, without going into the merits of the case, directs the first respondent to expedite the hearing and dispose of the appeal, dated 27.11.2014, preferred by the petitioner, on merits and in accordance with law, as early as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order.

5. Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Revenue Officer (Stamps), Coimbatore District,

3.The Sub Registrar, Singanallur, +1cc to Mr.Sriram, Advocate, S.R.No.7869 +1cc to the Government Pleader, S.R.No.7922 W.P.No.4320 of 2016 mg(CO) srg(18/02/2016)