S.Petchimuthu v. The Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2019

CORAM:

THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR S.Petchimuthu ... Petitioner Vs.

1.The Inspector General of Registration, Registration Department, Chennai.

2.The Deputy Inspector General of Registration, Registration Department, Tirunelveli.

3.The District Registrar, Tirunelveli District, Tirunelveli.

4.The Sub Registrar, Office of the Joint I Sub Registrar, Tirunelveli.

... Respondents Prayer: The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to correct the guide line value in Survey Nos.401/2, 402/2, 402/1 admeasuring 1 acre 90 cents situated at Chatram Pudukuluma Village, Tiruenlveli by removing the Shri Siddhi Vinayagar Temple's name and include the petitioner's name based on the petitioner's representation dated 10.12.2018.

For Petitioner : Mr.T.Selvan For Respondents : Mr.M.Murugan, G.A.

O R D E R

The prayer sought for in this Writ petition is for a Writ of Mandamus, directing the 3rd respondent to correct the guide line value for Survey Nos.401/2, 402/2 & 402/1 admeasuring 1 acre 90 1/3

cents situated at Chatram Pudukuluma Village, Tiruenlveli by removing name ie., Shri Siddhi Vinayagar Temple's and include the petitioner's name based on his representation dated 10.12.2018. 2.Heard Mr.T.Selvan, learned counsel for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.The petitioner's grievance appears to be that in respect of the property referred to above, the petitioner wanted a revised guideline value, which has already been fixed, which according to the petitioner is on the higher side.

4.In this context, it is the stand of the learned Government Advocate appearing for the respondents that, once guideline value is fixed and if at all the revision is sought for in the guideline value already fixed, the same has to be undertaken only by a Valuation Committee constituted under Rule 3 of the Tamil Nadu Stamp (Constitution of Valuation Committee for Estimation, Publication and Revision of Market Value Guidelines of Properties) Rules, 2010 (herein after referred to as the Rules).

Such Committee has to decide whether any revision is required in the market value in respect of the said land as claimed by the petitioner and therefore, the issue now sought for by the petitioner can very well be referred to such a Committee, constituted under Rule 3 of the said Rules and accordingly, let the Committee take a decision within a time frame. 5.For the said arrangement, the petitioner cannot have any objection except to accept the guideline value to be fixed by the respondents through the Committee before whom it is open to the petitioner to make submissions by way of return arguments explaining the justification for revision of the guideline value for the subject land.

6.In that view of the matter, having heard the learned counsel appearing for both sides this Court is inclined to dispose of this Writ petition with the following direction: That the Valuation Sub Committee constituted under Rule 3 of the said Rule namely, Tamil Nadu Stamp (Constitution of Valuation Committee for Estimation, Publication and Revision of Market Value Guidelines of Properties) Rules, 2010, shall consider the request of the petitioner dated 10.12.2018 and decide the same on merits and in accordance with law after affording an opportunity of being heard to the petitioner, within a period of 6 months or during the next meeting of the Valuation Sub Committee whichever is earlier and the decision taken by the Committee shall be communicated to the 2/3

petitioner immediately.

7.With this direction this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) nbj To 1.The Inspector General of Registration, Registration Department, Chennai.

2.The Deputy Inspector General of Registration, Registration Department, Tirunelveli.

3.The District Registrar, Tirunelveli District, Tirunelveli.

4.The Sub Registrar, Office of the Joint I Sub Registrar, Tirunelveli.

+1 CC to M/s.T. SELVAN, Advocate ( SR-82764[F] dated 21/08/2019 ) +1 CC to M/s.SPL GP ( SR-82866[F] dated 21/08/2019 ) 20.08.2019 JMN(19.12.2019) 3P : 7C 3/3