S.Bindhu v. Inspector General Of Registration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).Nos.16812 and 16813 of 2025 S.Bindhu ... Petitioner vs.
1. Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Pattinampakkam, Chennai.
2. The District Collector, Dindigul, Dindigul District.
3. The Revenue Divisional Officer, Nilakottai, Dindigul District.
4. The Special Deputy Collector (Stamps), Office of Special Deputy Collector (Stamps), Madurai Region, Old Ramnad Collectorate Complex, Madurai.
5. The Sub Registrar, Nilakottai, Dindigul District.
...Respondents
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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 4th respondent in his proceedings in SR No.1583/2008/NKT dated 10.01.2024 and consequently direct the 1st respondent to dispose the appeal filed by the petitioner dated 15.10.2015 and consequently direct the 2nd and 3rd respondent to determine the classification of the agricultural land in Survey No.9/6, to an extent of 6 acres and 52 cents situated at Kullalakundu Village, Nilakottai Taluk, Nilakottai Sub Division, Dindigul District, as per the Rule 5(a)(i)(iii) of Tamil Nadu Stamp (Prevention of under valuation of instruments) Rules, 1968 and consequently direct the 5th respondent to release the registered sale deed in Document No.2882/2008 dated 17.09.2008.
For Petitioner :Mr.J.Jeyakumar For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the records pertaining to the impugned order passed by the 4th respondent in his proceedings in SR No.1583/2008/NKT dated 10.01.2024 and consequently direct the 1st respondent to dispose the appeal filed by the petitioner dated 15.10.2015 and consequently to direct the 2nd and 3rd respondent to determine the classification of the agricultural land in Survey No. 9/6, to an extent of 6 acres and 52 cents situated at Kullalakundu Village, Nilakottai Taluk, Nilakottai Sub Division, Dindigul District, As per the Rule 5(a) 2/6
(i)(iii) of Tamil Nadu Stamp (Prevention of under valuation of instruments) Rules, 1968 and consequently direct the 5th respondent to release the registered sale deed in Document No.2882/2008 dated 17.09.2008.
2. Through the impugned order, the respondents have directed the petitioner to pay additional stamp duty for the land in Survey No.9/6 as housing plot.
3. The contention of the petitioner is that the adjacent survey numbers are classified as agricultural land, and the petitioner is also using Survey No. 9/6 as agricultural land. However, the respondents have incorrectly classified the same as a housing plot. As a result, the petitioner has submitted an application to the District Collector to reclassify the land. Pending application, the Registration Department has issued the present impugned order requiring the payment of additional stamp duty.
4. On instructions, the Learned Additional Government Pleader appearing for the official respondents submitted that the petitioner has filed an appeal before the Inspector General of Registration and submitted an application to the District Collector. Once the District Collector passes an order, the Registration Department shall consider the petitioner's plea. 3/6
5. Considering the facts of this case, this Court is of the considered opinion that the District Collector should consider the petitioner's appeal dated 27.08.2015 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Until then, the impugned order shall be kept in abeyance. Once the order is passed, it shall be communicated to the 4th respondent. Thereafter, the 4th respondent shall consider the petitioner's plea and pass appropriate orders. The petitioner is also permitted to file a fresh application within one week from the date of receipt of a copy of the order.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6
To:
1. Inspector General of Registration, Department of Registration, No.100, Santhome High Road, Pattinampakkam, Chennai.
2. The District Collector, Dindigul, Dindigul District.
3. The Revenue Divisional Officer, Nilakottai, Dindigul District.
4. The Special Deputy Collector (Stamps), Office of Special Deputy Collector (Stamps), Madurai Region, Old Ramnad Collectorate Complex, Madurai.
5. The Sub Registrar, Nilakottai, Dindigul District.
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S.SRIMATHY , J.
KSA ORDER MADE IN DATED :07.08.2025 6/6