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Madras High CourtWP(MD)/23229/2022dismissed

Paulraj.A v. The Govt Of Tamil Nadu

2024-08-22Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.17328 of 2022 A.Paulraj ... Petitioner versus

1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Commercial Taxes and Registrations, Fort St. George, Secretariat, Chennai - 600 009.

2. The Tamil Nadu Chief Controlling Revenue Authority cum Inspector General of Registration, Chennai - 600 028.

3. The Special Deputy Collector (Stamps), Tirunelveli, Tirunelveli District.

4. The Sub Registrar No.I, Office of the Sub Registrar, Cheranmahadevi, Tirunelveli District.

.... Respondents 1/4

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 pertaining to the impugned order passed by the 2nd respondent in Na.Ka.No.15179/N4/2017, dated 22.07.2022, quash the same and consequently direct the 4th respondent to release the document dated 01.06.2016 registered as Document No.327/2016 with the office of the 4th respondent by accepting the value arrived at by the petitioner. For Petitioner : Mr.S.S.Thesigan For Respondents : Mr.P.Subbaraj, Special Government Pleader

ORDER

As the challenge has been made to the impugned order dated 22.07.2022 passed by the appellate authority, namely, the Tamil Nadu Chief Controlling Revenue Authority cum Inspector General of Registration, Chennai, determining the market value of the petitioner's property under Section 47-A of the Indian Stamp Act, this writ petition is not maintainable.

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2. Therefore, this writ petition is dismissed with liberty to the petitioner to file an appeal before this Court. Since the petitioner is bona fidely prosecuting this writ petition, the period spent in this writ petition can be excluded while calculating the limitation period. The petitioner shall file an appeal within a period of 15 days from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

22.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No.

ogy Note: The Registry is directed to return the original papers.

To

1. The Principal Secretary, Department of Commercial Taxes and Registrations, Fort St. George, Secretariat, Chennai - 600 009.

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N.SATHISH KUMAR , J.

ogy

2. The Tamil Nadu Chief Controlling Revenue Authority cum Inspector General of Registration, Chennai - 600 028.

3. The Special Deputy Collector (Stamps), Tirunelveli, Tirunelveli District.

4. The Sub Registrar No.I, Office of the Sub Registrar, Cheranmahadevi, Tirunelveli District.

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