S.Sakthivel, v. The Special Deputy Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 05.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.14166 of 2016 S.Sakthivel ..Petitioner Vs 1.The Special Deputy Collector(Stamps)Office, Collectorate Office, Madurai District.

2.The Revenue Divisioanl Officer(Stamps), Palani, Dindigul District.

3.The Sub-Registrar Office, Kallimandayam, Palani, Dindigul 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 respondents to consider the representation of the Petitioner dated 7.12.2015.

For Petitioner :M/s.N.Syed Ali For Respondents :Mr.K.Mahesh Raja Govt.Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, he purchased the agricultural land measuring an extent of 2.82 acres from the original land owner Nachimuthu, Son of Thirumalaisamy on 11.09.2015, by means of registered sale deed and in fact, the First Respondent/The Special Deputy Collector(Stamps)Office, Collectorate Office, Madurai District sent him an information that 23.11.2015, requiring him to pay the deficit stamp duty of Rs.5,47,939/-.

https://hcservices.ecourts.gov.in/hcservices/ 5.The grievance of the Petitioner is that he had submitted a detailed representation to the Second Respondent on 7.12.2015, but

the same has not been considered till date. Hence the Petitioner has filed the present Writ Petition before this Court, for the relief as stated supra.

6.Considering the fact that the Petitioner's representation, dated 7.12.2015 is pending on the file of the Second Respondent, without any progress or disposal as on date, at this stage, this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the Second Respondent/The Revenue Divisional Officer(Stamps), Palani, Dindigul District, to look into the representation of the Petitioner, dated 7.12.2015 within a period of one week from the date of receipt of a copy of this order and thereafter, to dispose of the same by passing a reasoned speaking order, on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.

It is open to the Petitioner to produce copies of all necessary/relevant documents before the Second Respondent and the Second Respondent in turn, shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 7.12.2015.The Petitioner is directed to lend his assistance and co-operation in this regard, to the Second Respondent, in disposing of his representation dated 7.12.2015, within the time specified by this Court. 7.With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar vsn To 1.The Special Deputy Collector(Stamps)Office, Collectorate Office, Madurai District.

2.The Revenue Divisioanl Officer(Stamps), Palani, Dindigul District.

3.The Sub-Registrar Office, Kallimandayam, Palani, Dindigul District.

+1CC to Mr.N.Syedali, Advocate Sr.No.42160 +1CC to Mr.K.Mahesh Raja, Spl.Government Pleader Sr.No.42575 GJM/KBM/12.8.16-2p-6c W.P(MD)No.14166 of 2016 05.08.2016 https://hcservices.ecourts.gov.in/hcservices/