Madras High CourtWP(MD)/17743/2017disposed of

Devarajan, v. Tamilnadu Chief Controlling

2017-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.17743 of 2017 Devarajan ... Petitioner Vs

1. The Tamil Nadu Chief Controlling Revenue Authority-cum- Inspector General of Registration, No.120, Santhome High Road, Chennai -28.

2. The Special Deputy Collector,(Stamps), Trichirappalli.

3. The Sub-Registrar, Melakarur, Karur, Karur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to dispose of the appeal pending on the file of the first respondent in pursuance of the letter dated 23.3.2016 made in 13314/N3/2016 issued by the first respondent on merits and in accordance with law, within the time frame fixed by this Court. For Petitioner : M/s.N.Shanmugaselvam For Respondents : Mr.C.Selvaraj Spl.Govt.Pleader

ORDER

The Petitioner has come up with the present Writ Petition seeking issuance of a Writ of Mandamus directing the first respondent to dispose of the appeal pending on the file of the first respondent in pursuance of the letter dated 23.3.2016 made in 13314/N3/2016 issued by the first respondent on merits and in accordance with law, within the time frame fixed by this Court. 2.Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself.

4.According to the Petitioner, he purchased the land in S.Nos.150/A and 150/B in Lakshminarayana Samuthiram Village, Karur Taluk, by a registered sale deed, dated 23.10.2014. The second respondent initiated proceedings under the Tamil Nadu(Prevention of Under Valuation of Instruments)rules stating that the property was not properly valued and also passed final orders. Aggrieved over the same, the Petitioner preferred an appeal before the first respondent on 14.3.2016.Though the first respondent has sent communication in this regard in the month of March 2016 itself, however, there is no progress for the past 1 1⁄2 years. Hence the present Writ Petition is filed for the relief stated supra. 5.

Considering the limited scope of the prayer sought for by the Petitioner, without going into the merits of the case, this Court directs the first respondent to consider the appeal filed by the Petitioner dated 14.03.2016 on merits and in accordance with law and pass appropriate orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The Tamil Nadu Chief Controlling Revenue Authority-cum- Inspector General of Registration, No.120, Santhome High Road, Chennai -28.

2. The Special Deputy Collector,(Stamps), Trichirappalli.

3. The Sub-Registrar, Melakarur, Karur, Karur District.

+1cc to M/S. N.SHANMUGA SELVAM, Advocate, SR.No.80726. +1cc to Special Government Pleader, SR.No.80891. W.P(MD)No.17743 of 2017 20.09.2017 vsn SDS/MR:KKR/SAR 2/03.10.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/