N.Suresh v. The District Collector,

In the High Court of Judicature at Madras Dated : 02.12.2019 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.33627 of 2019 N.Suresh

...Petitioner

Vs 1.The District Collector, Kancheepuram.

2.The Revenue Divisional Officer, Tambaram, Kanchipuram District.

3.The Tahsildar, Pallavaram Taluk, Kanchipuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to immediately process and give allowance for the spoiled/damaged non judicial stamp bearing No.C 703598 dated 23.2.2019 of the same value in money to the sum of Rs.25,000/- deducting 10% charges as per Section 53(c) of the Indian Stamp Act to the petitioner by considering the petition given by the petitioner on 25.3.2019.

For Petitioner :

Mr.N.Suresh for Mr.M.Gnanamoorthy For Respondents :

Mr.M.Karthikeyan, AGP

ORDER

Mr.M.Karthikeyan, learned Additional Government Pleader accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.

2. The petitioner seeks a direction to the second respondent to take further action pursuant to the application made by the petitioner for refund of the amounts paid for the purchase of non judicial stamp paper for Rs.25,000/-, which could not be used on account of printing error that had occurred while taking print out.

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3. The application was submitted by the petitioner to the third respondent on 25.3.2019 and the same was processed and forwarded to the second respondent by proceedings dated 02.7.2019 enclosing the original stamp paper. The second respondent is yet to pass orders in this regard. The petitioner also sent a legal notice. The matter is pending consideration before the second respondent. Considering the fact that the application was given on 25.3.2019, the second respondent should take appropriate action within a reasonable time.

4. In the light of the above, the writ petition is disposed of by directing the second respondent to take further action on merits and in accordance with law pursuant to the communication sent by the third respondent dated 02.7.2019, within a period of three weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar RS To 1.The District Collector, Kancheepuram.

2.The Revenue Divisional Officer, Tambaram, Kanchipuram District.

3.The Tahsildar, Pallavaram Taluk, Kanchipuram District.

+1 cc to M/S.M.Gnanamoorthy Advocate sr100269 +1 cc to the Government Pleader sr100725 WP.No.33627 of 2019 aa08/01/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/