Madras High CourtWP(MD)/21175/2014disposed of

Logambal, v. The Special Deputy Collector

2015-01-06Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.21175 of 2014 and M.P.(MD) No.2 of 2014 1.Logambal 2.P.Kalpana 3.Kavitha : Petitioners Vs.

1.The Special Deputy Collector (Stamps), Collectorate, Madurai.

2.The Sub Registrar, Ayyampalayam, Dindigul District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the first respondent to forthwith conclude the proceedings under Section 47A of the Indian Stamp Act as commenced in his notice S.R No.924/13, dated 26.12.2013 and release the document Number 2454/2013 on the file of the second respondent without any alteration in entry with regard to the value of the lands.

For Petitioner : Mr.P.Srinivas For Respondents : Mr.TR.Janarthanan Additional Government Pleader ***

ORDER

This Writ Petition has been file seeking issuance of a Writ of Mandamus directing the first respondent to forthwith conclude the proceedings under Section 47A of the Indian Stamp Act as commenced in his notice S.R No.924/13, dated 26.12.2013 and release the Document No.2454/2013 on the file of the second respondent without any alteration in entry with regard to the value of the lands. 2.The only grievance of the petitioners is that in respect of the sale deed, which has been executed by the Court, neither they were called for any enquiry nor any orders have been passed, in spite of the petitioners submitted a detailed reply on 09.01.2014 for the notice dated 26.12.2013 issued under Section 47A of the Indian Stamp Act. The petitioners are prepared to abide by any orders subject to condition that they may be given an opportunity of hearing by the respondents before passing final orders.

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3.The learned Additional Government Pleader appearing for the respondents submitted that as per the decision of the Apex Court, the petitioners are entitled to get the documents registered and it is for them to produce relevant documents.

4.In view of the above, there shall be a direction to the first respondent to consider the reply statement submitted by the first petitioner dated 09.01.2014 and after giving opportunity of hearing to the petitioners, pass order in accordance with law within a period of four months from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) \\True copy\\ Sub Assistant Registrar To 1.The Special Deputy Collector (Stamps), Collectorate, Madurai.

2.The Sub Registrar,Ayyampalayam, Dindigul District.

+1 CC TO THE SPECIAL GOVERNMENT PLEADER MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

+1 CC TO M/S.P.SRINIVAS, ADVOCATE SR.NO.623 W.P.(MD).No.21175 of 2014 and M.P.(MD) No.2 of 2014 06.01.2015 SRM NA/28/01/2015/P2/5C https://hcservices.ecourts.gov.in/hcservices/