Madras High CourtWP(MD)/19009/2016dismissed

M.K.Mohammed Kani, v. The Special Deputy Collector

2016-09-30Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2016 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.19009 & 19010 of 2016 and W.M.P.(MD)No.13740 & 13741 of 2016 M.K. Mohammed Kani .. Petitioner in both the petitions Vs

1. The Special Deputy Collector (Stamp), Office of the Collectorate, Kokirakulam, Tirunelveli District.

2. The Sub Registrar, Sub Registrar Office, Tenkasi - 2, Tenkasi, Tirunelveli District. .. Respondents in both the petitions Common Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned orders passed by the first respondent in Mu.SA.X.3/2231/2015 and Mu.SA.X.3/2232/2015 on 29.07.2016 and quash the same as illegal and further direct the respondents to release the sale deed dated 02.09.2015 registered as Document Nos.3092 of 2015 and 3093 of 2015 with the office of the second respondent. For Petitioner : Mr.V.M.Balamohan Thambi For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader ***

O R D E R

These Writ Petitions have been filed seeking a direction to call for the records relating to the impugned orders passed by the first respondent in Mu.SA.X.3/2231/2015 and Mu.SA.X.3/2232/2015 on 29.07.2016 and quash the same as illegal and further direct the respondents to release the sale deed dated 02.09.2015 registered as Document Nos.3092 of 2015 and 3093 of 2015 with the office of the second respondent.

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2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. By consent, the Writ Petitions itself are taken up for final disposal.

4. The petitioner filed the Writ petitions, challenging the orders passed under Section 47(A)(1) of Indian Stamp Act. Against the impugned orders passed, an appeal lies to the Inspector General of Registration. Without exhausting that remedy, the petitioner has come up with these petitions.

5. In the above circumstances, the Writ petitions are dismissed with liberty to the petitioner to challenge the impugned orders before the Inspector General of Registration. No costs. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To

1. The Special Deputy Collector (Stamp), Office of the Collectorate, Kokirakulam, Tirunelveli District.

2. The Sub Registrar, Sub Registrar Office, Tenkasi - 2, Tenkasi, Tirunelveli District.

+2cc's MR.V.M.BALAMOHANTHAMBI, ADVOCATE SR.No. 57807 & 57808 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 58288 pmu JA-DB-18.10.2016/2P:6C W.P.(MD)Nos.19009 & 19010 of 2016 and W.M.P.(MD)No.13740 & 13741 of 2016 30.09.2016 https://hcservices.ecourts.gov.in/hcservices/