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Madras High CourtWP/26695/2018disposed of

Rajendran Chingaravelu v. State Of Tamil Nadu

2019-03-14Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2019

CORAM

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU WP.No.26695 of 2018 and WMP.No.31066 of 2018 Rajendran Chinagaravelu

...Petitioner

Vs.

1.State of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George, Chennai-600 009.

2.The Inspector General of Registration Office of Inspector General of Registration No.100, Santhome High Road, Chennai-600 028.

3.The District Revenue Officer Singaravelar Maligai 32, Rajaji Salai, Chennai-600 001.

4.The Sub-Registrar Sub Registrar's Office 36, Orandiamman Koil Street, Velacherry, Chennai-600 042.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to Form I vide Na.Ka.No.666/16 dated 16.03.2016 issued by the 3rd respondent and Form II vide Na.Ka.No.666/16 dated 03.05.2018 issued by the 3rd respondent and to quash the same and direct the respondents to cancel the endorsement relating to pendency of the proceedings U/s 47-A of the Indian Stamp Act, 1899 made into the petitioner's sale deed dated 19.11.2015 (registered as Document No.7514/2015 with SubRegistrar, Velachery) and further, direct the respondents to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) as compensation for the legal injury and damage suffered by the petitioner. * Prayer amended as per order dated 21.12.2018 made in WMP.No.37160 of 2018 in WP.No.26695 of 2018

For Petitioner :

M/s.Giridhar and Sai For Respondents :

Mr.P.P.Purushothaman Government Advocate

O R D E R

The present writ petition is filed challenging the issuance of Form I & II notice dated 16.03.2016 & 03.05.2018 of the third respondent arising out of the proceedings initiated under Section 47-A of the Indian Stamp Act, 1899.

2. Today, when the matter is taken up for further hearing, the learned Government Advocate produced a letter dated 21.02.2019 issued by the District Revenue Officer (Stamps), Chennai-1, indicating that the final order under Section 47-A(1) of the Indian Stamp Act, 1899, has been passed in respect of the subject matter document.

3. Since the final order has already passed, it is for the petitioner to work out his remedy in a manner known to law, as against the said order.

Therefore, this Court without expressing any view on the merits of the matter, this writ petition is disposed of, only by granting liberty to the petitioner to challenge the said order before appropriate forum in the manner known to law, by raising all the contentions. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar MK To 1.State of Tamil Nadu Represented by its Secretary Revenue Department Fort St.George, Chennai-600 009.

2.The Inspector General of Registration Office of Inspector General of Registration No.100, Santhome High Road, Chennai-600 028.

3.The District Revenue Officer Singaravelar Maligai 32, Rajaji Salai, Chennai-600 001.

4.The Sub-Registrar Sub Registrar's Office 36, Orandiamman Koil Street, Velacherry, Chennai-600 042.

+1cc to M/s.Giridhar and Sai, Advocate, S.R.No.24271 +1cc to the Government Pleader, S.R.No.24692 WP.No.26695 of 2018 AD(CO) CS/03/04/2019