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Madras High CourtWP(MD)/13917/2025allowed

K.Siddharathan v. The District Registrar

2025-06-11Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.10075 of 2025 K.Siddharthan ... Petitioner vs.

1. The District Registrar, Madurai District.

2.The Sub Registrar, Thamaraipatti, Madurai ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the records of the undated notice, issued by the 2nd respondent in respect of sale deed dated 08.08.2024 registered before the 2nd respondent as document no. 896/2024 and to quash the same as being illegal. For Petitioner : Mr.Arun Kumar For Respondents : Mr.G.Suriya Ananth Additional Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the undated notice, issued by the 2nd respondent in respect of sale deed dated 08.08.2024 registered before the 2nd 1/4

respondent as document no 896/2024.

2.In the notice, it has been stated that there is a deficiency in the collecting stamps. The contention of the petitioner is that the appropriate authority to conduct any proceedings is the District Collector (Stamps) and the Sub Registrar, Thamaraipatti, is not having any jurisdiction to issue notice under Section 47(A).

3.However, the District Collector (Stamps) is having power and also within limitation period prescribed under the Act. Therefore, the impugned notice issued by the Sub Registrar is quashed and liberty is granted to the District Collector (Stamps) to initiate proceedings under Section 47(A) as per law. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed .

11.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 2/4

To:

1. The District Registrar, Madurai District.

2.The Sub Registrar, Thamaraipatti, Madurai.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :11.06.2025 4/4