Dismissed

A.Murthy v. The Inspector General of

Madras HC30 Nov 2021WP/33274/2019

Case brief

AI extract

What is this about?

Three writ petitions were filed seeking a mandamus to compel the Special Deputy Collector to release impounded sale deeds registered in 1998. The court dismissed the petitions, holding that since the petitioners failed to pay the assessed deficit stamp duty or file the requisite appeals after being informed by the Collector, the petitions were devoid of merit.

What did the court decide?

All writ petitions were dismissed; petitioners are at liberty to file an appeal against the order passed by the third respondent.

A.Murthy Vs The Inspector General of — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 30.11.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.33274, 33276 & 33278 of 2019 and WMP.Nos.33735, 33737 & 33739 of 2019

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WP.No.33274 of 2019

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A.Murthy Rep. by his power holder, N.Karnal ...Petitioner

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1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai 2.The District Registrar(Administration), Vellore Registration District, Vellore District

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

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4.The District Collector, Vellore, Vellore District 5.The Sub Registrar, Joint-1, Vellore, Vellore District ... Respondents PRAYER:- Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the third respondent herein to release the sale deed registered on 16.10.1998 vide document No.5504 of 1998 dated 16.10.1998 of the petitioner. For Petitioner : Mr.A.Vimal Raj For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader WP.No.33276 of 2019 R.Prema ... Petitioner

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

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1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai

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2.The District Registrar(Administration),

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Vellore Registration District,

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Vellore District

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3.The Special Deputy Collector(Stamps),

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Vellore, Vellore District

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4.The District Collector,

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Vellore, Vellore District

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5.The Sub Registrar,

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Joint-1, Vellore,

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Vellore District

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... Respondents

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PRAYER:- Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the third respondent herein to release the sale deed registered on 16.10.1998 vide document No.5503 of 1998 dated 16.10.1998 of the petitioner.

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For Petitioner : Mr.A.Vimal Raj

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For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

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WP.No.33278 of 2019

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N.Karnal ...Petitioner

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1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai

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2.The District Registrar(Administration), Vellore Registration District,

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Vellore District

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

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

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The District Collector, Vellore, Vellore District

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5.The Sub Registrar, Joint-1, Vellore, Vellore District ... Respondents

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For Petitioner : Mr.A.Vimal Raj

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For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

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COMMON ORDER

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All the writ petitions are filed for direction directing the third respondent herein to release the sale deed registered on 16.10.1998 vide document Nos.5503, 5504 & 5505 of 1998 dated 16.10.1998, 16.10.1998 & 12.10.1998, which were impounded by the fifth respondent herein.

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2. The petitioners had purchased their respective properties and presented the same for registration. The same were registered as document Nos.5503, 5504 & 5505 of 1998 dated 16.10.1998, 16.10.1998 & 12.10.1998. However, the sale deeds were not released.

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3. Heard, Mr.A.Vimal Raj, the learned counsel for the petitioners, and Mr.Yogesh Kannadasan, Special Government Pleader appearing for the respondents.

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4. On perusal of the counter filed by the fifth respondent revealed that the value set forth in the sale deeds were grossly undervalued and as such the fifth respondent referred the sale deeds to the third respondent under Section 47 A(1) of the Indian Stamp Act, 1899 for determination of true market value of the properties in question. The third respondent determined the true market value by confirming the recommendation of the fifth respondent by order dated 30.03.2012 under Rule 7 of the Tamilnadu Stamps (Prevention of undervaluation of Instruments) Rules, 1968.

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5. In fact, the petitioners by their respective letters dated 08.05.2018, agreed to pay the deficit stamp duty on receipt of letter issued by the third respondent dated 13.04.2018. However, the petitioners neither paid deficit stamp

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

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duty nor filed any appeal as contemplated under Section 47A(5) of the Indian Stamp Act, 1899. Therefore, all the writ petitions are devoid of merits and liable to be dismissed.

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6. Accordingly, all the writ petitions are dismissed.

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However, the petitioners are at liberty to file appeal as against the order passed by the third respondent in the manner known to law. Consequently, connected miscellaneous petitions are closed. No order as to costs.

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Sd/-

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Assistant Registrar(CS IV)

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//True Copy//

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Sub Assistant Registrar

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lok

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The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai

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The District Registrar(Administration),

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Vellore Registration District,

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Vellore District

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The Special Deputy Collector(Stamps), Vellore,

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Vellore District

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The District Collector, Vellore,

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Vellore District

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The Sub Registrar, Joint-1, Vellore,

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Vellore District

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+1cc to the Government Pleader, S.R.No.62994

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W.P.Nos.33274, 33276 & 33278 of 2019

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RSI(CO)

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CT/14/12/2021

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

A.Murthy v. The Inspector General of

Case brief

What is this about?

What did the court decide?

A.Murthy v. The Inspector General of

Case brief

What is this about?

What did the court decide?

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