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Madras High CourtWP(MD)/20812/2017disposed of

Kirubakaran, S/O.Mayandi v. The Inspector General Of

2017-11-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.20812 of 2017 Kirubakaran ... Petitioner -vs1.

The Inspector General of Registration, 80, Santhom Highways Road, Chennai.

2.

The Deputy Collector (Stamps), Old Ramnad District Collector Complex, Opposite Anna Bus Stand, Madurai-20.

3.

The Tahsildar (Stamps), Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider petitioner's representation dated 06.04.2017 to dispose petitioner's appeal dated 05.05.2017 and consequently to cancel the final order issued by the 2nd respondent under Section 47A (3). For Petitioner : Mr.P.Sathiyamoorthy For Respondents : Mr.J.Gunaseelan Muthiah Govt. Advocate ******

O R D E R

This writ petition has been filed, seeking a direction to the 1st respondent to consider the petitioner's representation, dated 06.04.2017 given for disposal of his appeal dated 05.05.2017 and consequently, to cancel the final order issued by the 2nd respondent under Section 47A (3) of the Indian Stamp Act.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner has submitted that the appeal filed under Section 47A(3) of the Indian Stamp Act against the order of the 2nd respondent with regard to payment of deficit stamp duty, has been kept pending by the 1st respondent for a quite long time without passing any orders thereon and therefore, https://hcservices.ecourts.gov.in/hcservices/

the petitioner is before this Court with the above prayer.

4. The learned Government Advocate appearing for the respondents would submit that if a reasonable time is granted to the 1st respondent, the appeal filed by the petitioner will be disposed of.

5. In view of the above submission, this Court directs the 1st respondent to dispose of the petitioner's appeal, if not already disposed of, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order after affording an opportunity of hearing to the petitioner. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CRL. SIDE) /True Copy/ Sub Assistant Registrar To:

1.

The Inspector General of Registration, 80, Santhom Highways Road, Chennai.

2.

The Deputy Collector (Stamps), Old Ramnad District Collector Complex, Opposite Anna Bus Stand, Madurai-20.

3.

The Tahsildar (Stamps), Dindigul, Dindigul District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 87028 +1cc to M/s.C.M.GANESAN Advocate in SR. No. 86749 AR JS/SKN.RSK/SAR.2/22.11.2017/2P-6C W.P.(MD)No.20812 of 2017 13.11.2017 https://hcservices.ecourts.gov.in/hcservices/