A.S.Shabuddin, v. The Special Deputy Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI A.S.Shabuddin .. Petitioner Vs.

1.The Special Deputy Collector (Stamps), Vellore and Tiruvannamalai Districts, District Collectorate Office, Vellore.

2.The District Registrar, Tiruvannamalai District, Tiruvannamalai.

3.The Joint Sub Registrar I, Tiruvannamalai.

.. Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying of issuance of Writ of Certiorarified Mandamus calling for the records of the 1st respondent dated 02.06.2011 in Ci.Pa. Ku.Mu. Ka. No.900/ 2009-TVML-I and the consequential letter dated Nil of the 1st respondent and quash the same and further direct the respondents to release the document of the petitioner in D.No.1133/ 2009 registered before the 3rd respondent.

For Petitioner : Mr.B.Jawahar For Respondents : Mr.E.Vijay Anand Additional Government Pleader

O R D E R

The petitioner has filed this petition for issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent dated 02.06.2011 and quash the same and further direct the respondents to release the document of the petitioner.

2. The case of the petitioner is that he has purchased 7 cents of land in T.S.No.217/2, situated at Block No.5, Ward No.4, in Tiruvannamalai and the said land was originally belongs to one Dhastageer Sahib and the petitioner has purchased the above said land from the legal heirs of Dhastageer, through their Power of Attorney viz., S.Murugan and thereafter the said document was submitted for registration before the 3rd respondent, however the 3rd respondent referred the document to the 1st respondent for the purpose of collection of stamp duty and the said officials initiated proceedings under Section 47A of the Indian Stamp Act and issued notice to the

petitioner demanding a deficit stamp duty of Rs.2,48,542/-. It is alleged by the petitioner that he appeared before the 1st respondent and explained the case, however all of a sudden, during June 2011, the 1st respondent sent a letter dated 02.06.2011, fixing the provisional market value of the property. Aggrieved by the said impugned letter, the petitioner is before this Court.

3. Though very many grounds have been raised, the learned counsel appearing for the petitioner limited his request to the extent that it would suffice if this Court issues direction to the 1st respondent to conclude the 47A proceedings within a reasonable time after affording opportunity to the petitioner.

4. The learned Additional Government Pleader appearing for the respondents has no serious objections for the said order being passed and he also submitted that 47A proceedings will be concluded in the manner known to law within a stipulated period as fixed by this Court.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the matter, issues direction to the 1st respondent to conclude the 47A proceedings, after affording opportunity to the petitioner, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

6. This writ petition is disposed of with the above observations. No costs.

16.11.2022 sk To 1.The Special Deputy Collector (Stamps), Vellore and Tiruvannamalai Districts, District Collectorate Office, Vellore.

2.The District Registrar, Tiruvannamalai District, Tiruvannamalai.

3.The Joint Sub Registrar I, Tiruvannamalai.

M.DHANDAPANI,J.

Sk 16.11.2022