Madras High CourtWP(MD)/19244/2016dismissed

A.Soundararajan v. The Inspector General Of

2016-10-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19244 of 2016 and W.M.P(MD)Nos.13891 & 13892 of 2016 A.Soundararajan ... Petitioner Vs.

1. The Inspector General of Registration, O/o.Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Special Deputy Collector, (Stamp Duty), O/o.Special Deputy Collector, (Stamp Duty), Tiruchirappalli.

3. The Sub-Registrar, III Ni Trichy Sub-Registrar Office, Tiruchirappalli.

4. The Tahsildar, Trichy East, Trichy.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relates to the impugned order passed by the second respondent in his proceedings in Tha.Pa.No.2300/10/A1, dated 29.06.2016 executing the final order passed by the second respondent in his proceedings in Pa.Mu.Tha.Pa.No.2300/10/11, dated 27.02.2015 and quash the same as illegal and consequently direct the 2nd respondent to conduct fresh enquiry under Section 47(A)(1) of Indian Stamp Act, 1899, with regard to sale deed in Document No.1405/2010, dated 03.05.2010 on the file of the 3rd respondent. For Petitioner : Mr.T.Vadivelan For Respondents: Mr.V.Muruganandham, Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed this Writ Petition challenging the order passed by the second respondent for recovery of deficit stamp duty.

2. Already an order under Section 47-A of the Indian Stamp Act, has been passed against the petitioner by the second respondent on 27.02.2015. Since he has not paid the amount, the present notice has been issued and it is only a consequential order. Without challenging the order passed under Section 47-A of the Indian Stamp Act, the petitioner has filed this Writ Petition challenging the consequential notice. Hence, this Writ Petition is not maintainable.

3. In the result, this Writ Petition is dismissed. However, liberty is given to the petitioner to challenge the order passed by the second respondent on 27.02.2016, before the appropriate forum, within a period of two weeks from today. No Costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar(A.E.,) /TRUE COPY/ Sub Assistant Registrar To

1. The Inspector General of Registration, O/o.Inspector General of Registration, No.100, Santhome High Road, Chennai.

2. The Special Deputy Collector, (Stamp Duty), O/o.Special Deputy Collector, (Stamp Duty), Tiruchirappalli.

3. The Sub-Registrar, III Ni Trichy Sub-Registrar Office, Tiruchirappalli.

4.The Tahsildar, Trichy East,Trichy.

+1cc to M/S.T.Vadivelan, Advocate in SR.No.58342. +1cc to Special Government Pleader,in SR.No.59109. Copy to:

The Section Officer,ER Section, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.19244 of 2016 04.10.2016 pm msm/ss3/20.10.16/p2/8c https://hcservices.ecourts.gov.in/hcservices/