Disposed

A. Tharabai v. The District Collector

Madras HC8 Apr 2021WP/30691/2017

Case brief

AI extract

What is this about?

This order grants a Writ of Mandamus directing the Sub Registrar to issue a sale certificate within three weeks to facilitate the refund of Rs.50,000 paid for unused non-judicial stamp papers, following an earlier order by the Tahsildar.

What did the court decide?

Direction to the third respondent to issue the necessary sale certificate within three weeks to enable the petitioner to get back Rs.50,000/- paid for unpaid stamp papers.

A. Tharabai Vs The District Collector — Pension and Retirement Benefits | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.04.2021

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CORAM

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THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.30691 of 2017

A.Tharabai

...Petitioner

-Vs-

1.The District Collector
Office of the Collector
Chennai 600 001.
2.The Tahsildar,
Purasawalkam – Perambur
Chennai 600 007.
3.The Sub Registrar
Purasawalkam, Chennai-600 017. ...Respondents
Prayer : Writ Petition under Article 226 of the Constitution of
India praying for a Writ of Mandamus directing the 2 nd respondent
to disburse the Non-Judicial Stamp Papers amounting to
Rs.50,000/- to the petitioner as per her petition dated
15.09.2015.
For Petitioners : Mr.T.N.Prabhakaran
For Respondents : Mr.N.Inbanathan
Additional Government Pleader –
for RR1&2
Mr.P.P.Purushothaman
Government Advocate – for R3
ORDER

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The prayer sought for herein is for a Writ of Mandamus directing the 2^nd respondent to disburse the Non-Judicial Stamp Papers amounting to Rs.50,000/- to the petitioner as per her petition dated 15.09.2015.

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The case of the petitioner is that, the petitioner has submitted a document for the purpose of registration, which, for some reasons, was not registered by the third respondent ie., Sub Registrar, Purasawalkam. Therefore, the petitioner wanted to get back the unused Non Judicial Stamp Papers, i.e., if the document is not registered, the non judicial stamp papers used to the extent of Rs.50,000/- can be returned back and in this

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

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regard when the petitioner approached the third respondent, he in turn directed the petitioner to approach the second respondent. Accordingly, the petitioner approached the second respondent Tahsildar, who, after having considered the representation of the petitioner, has issued the following proceedings dated 29.07.2016.

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“ghh;itapy; fhqk; kDtpy; brd;id?39. tpahrh;gho. gs;sk; 3tJ bjU. f/vz;/2-32y;; trpf;Fk; jpUkjp/A/jhuhgha; vd;gth; cgnahfg;gLj;jhj ePjpkd;wk; rhuh Kj;jpiuj;jhSf;F muR fHpt[ nghf jpUg;g[j;bjhif nfhhpa[s;shh;/ nkw;fhqk; ePjpkd;wk; rhuh Kj;jpiuj;jhs;fs; bgwg;gl;ljpd; tpguk; fPnH jug;gl;Ls;sJ/

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Kj;jpiuj;j njjp kjpg;g[ Kj;jpiuj;jhs; Kj;jpiuj;jhs; bkhj;jk;
hs; t/vz; tpw;gizahsh; th';fpath; bgah;
bgah;
7301Kjy; 03.06.2015 5000X8 A/tre;jh jpUkjp A/jhuhgha; 40,000/-
7308 tiu Lic No.23834-83
7310Kjy; 03.06.2016 1000X10 Cah;ePjpkd;w 10,000/-
7318 tiu tshfk;. brd;id
bkhj;jk; 50,000/-

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vdnt nkw;fhqk; Kj;jpiuj;jhs; th';fg;gl;ljd; tptuk; rhpghh;j;J kDjhuh; nfhhpa jpUg;g[j;bjhif tH';fpl jf;f tpw;gidr; rhd;W tH';Fk;go nfl;Lf;bfhs;fpnwd;/

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tl;lhl;rpah;

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bguk;g{h; tl;lk;, brd;id?11/”

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Despite the said proceedings having been issued by the second respondent Tahsildar directing the third respondent Sub Registrar to issue the sale certificate for the purpose of returning the amount to the petitioner by the first respondent District Collector, so far the third respondent has not acted upon. Therefore, in order to redress the said grievance, the petitioner has moved this writ petition with the aforesaid prayer.

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Heard the learned counsel appearing for the petitioner, who would submit that, despite the order passed by the second respondent dated 29.07.2016, so far the third respondent has not acted upon. Therefore, the amount of Rs.50,000/- for the unused non judicial stamp papers, which were purchased for the purpose of registration of partition, has not yet been returned or the petitioner is not able to get back. Hence, he seeks the indulgence of this Court to give suitable directions to the third respondent.

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Heard Mr.Inbanathan, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.P.P.Purushothaman, learned Government Advocate appearing for the third respondent.

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

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Learned Additional Government Pleader and the learned Government Advocate would submit that, if at all so far the third respondent has not acted upon as per the directions issued issued by the second respondent dated 29.07.2016, it would be looked into and accordingly by acting upon the said direction, necessary sale certificate to that effect, after verification, would be issued by the third respondent within a time frame to be stipulated by this Court.

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In view of the order having been passed by the second respondent dated 29.07.2016, where a direction was given to the third respondent to issue the sale certificate enabling the petitioner to get back the money for the unused non judicial stamp papers worth about Rs.50,000/-, this Court feels that, a direction can be given to the third respondent to act upon and issue the sale certificate.

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In that view of the matter, this Court is inclined to dispose of this writ petition with the following order.

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That there shall be a direction to the third respondent to act upon the directions issued by the second respondent in his proceedings dated 29.07.2016 and issue the necessary sale certificate for the purpose of getting refund of the amount of Rs.50,000/- paid towards purchase of non judicial stamp papers , as claimed by the petitioner, and the needful as indicated above shall be undertaken and a sale certificate to that effect shall be issued by the third respondent within a period of three weeks from the date of receipt of a copy of this order. On receipt of the same, it is open to the petitioner to work out his remedy to approach the first / second respondent for the purpose of encashing the same.

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With the above directions, this writ petition is disposed of. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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KST

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1.The District Collector

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Office of the Collector

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Chennai 600 001.

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2.The Tahsildar, Purasawalkam – Perambur

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Chennai 600 007.

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

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3.The Sub Registrar Purasawalkam, Chennai-600 017.

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+1 cc to M/s.TSN. Prabhakaran, Advocate, SR.NO.22408 +1 cc to Government Pleader SR.NO.22451

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W.P.No.30691 of 2017

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PL(CO) NS(04/05/2021)

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

A. Tharabai v. The District Collector

Case brief

What is this about?

What did the court decide?

A. Tharabai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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