Madras High CourtWP(MD)/172/2016disposed of

Devarajan v. The Special Deputy Collector

2016-03-08Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.172 of 2016 and W.M.P.(MD).No.130 of 2016 **** Devarajan

...Petitioner

Vs 1.The Special Deputy Collector (Stamps) Tiruchirappalli.

2.The Sub-Registrar, Melakarur, Karur District. ...Respondent Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned proceedings of the 1st respondent, dated 30.04.2015, made in Tha.Pa.No.53/2015 and quash the same as illegal and arbitrary and against the provisions of the Tamil Nadu (Prevention of Under Valuation of Instruments) Rules.

For petitioner : Mr.N.Shanmugaselvam For Respondent : Mr.M.Rajarajan Government Advocate

O R D E R

This petition has been filed to call for the records relating to the impugned proceedings of the first respondent, dated 30.04.2015, made in Tha.Pa.No.53/2015 and quash the same as illegal and arbitrary and against the provisions of the Tamil Nadu (Prevention of Under Valuation of Instruments) Rules. 2.The learned Government Advocate was put on notice for the respondents.

3.Today when the matter is taken up for hearing, the learned counsel for the respondents brought to the notice of this Court that by an order dated 12.07.2015, the petitioner was communicated regarding the amount to be paid under form.3 and a copy of the same is given to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

4.Furthermore, as rightly pointed out by the learned Counsel for the respondents, even if the petitioner is aggrieved by the order, he is always at liberty to prefer necessary appeal against that order in the manner known to law, if he desires to do so and the petitioner is directed to file an appeal within ten days from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands closed. Further, it is made clear that in case, if the petitioner prefers an appeal, the respondents shall exclude the time of litigation spent for this Writ Petition in this Court, for the purpose of limitation. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Special Deputy Collector (Stamps) Tiruchirappalli.

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

+1cc to the Special Government Pleader in Sr.No.13230 CN/JGB-DP/AR1/28.03.2016/2P-4C W.P(MD).No.172 of 2016 and W.M.P.(MD).No.130 of 2016 08.03.2016 https://hcservices.ecourts.gov.in/hcservices/