This order rejects a writ petition challenging a show cause notice for unpaid registration fees as not maintainable until proceedings conclude, granting liberty for the petitioner to respond.
Liberty granted to petitioner to offer explanation to the show cause notice within four weeks; respondents to consider it within three months.
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W.P(MD)No.9555 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.9555 of 2023
A.N.Nachimuthu
...Petitioner
Vs.
...Respondents
1/5
PRAYER:
W.P(MD)No.9555 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to cancel the 47A show cause notice issued in the name of the petitioner and hand over the original document No. 1/166/2023 and order to the respondents 4 & 5.
For Petitioner :Mr.M.Ramachandran For R1 to R5 :Mr.P.T.Thiraviam Government Advocate For R6 :Mr.M.Prakash
O R D E R
This writ petition is filed as against the the show cause
notice issued by the second respondent under Section 47(A)(1) of Indian Stamp Act, 1899.
2.The show cause notice, under Section 47(A)(1) of
Indian Stamp Act, 1899 has been issued on the petitioner that the petitioner has not paid the required registration fee as contemplated under the Registration Act and it needs to be verified by the District Collector as per the above provision of the Act.
2/5
W.P(MD)No.9555 of 2023
3.The impugned proceedings is only a show cause notice and therefore, this writ petition is not maintainable in view of the decision of the Hon'ble Supreme Court in Union of India vs. Kunishetty Satyanarayana [ (2006) 12 SCC 28 ].
4.Accordingly, this writ petition is disposed of with a liberty to the the petitioner to offer his explanation to the impugned show cause notice within a period of four weeks from the date of receipt of a copy of this order and on receipt of such explanation, the respondents shall consider the same and proceed in accordance with law within a period of three months from thereon and if the petitioner fails to offer his explanation as directed, it is open to the respondents to proceed in accordance with law, with the available materials. No costs.
16.06.2023
NCC : Yes / No. Index : Yes / No. vrn
W.P(MD)No.9555 of 2023
To
W.P(MD)No.9555 of 2023
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.9555 of 2023
16.06.2023
2 issues framed by the court
Whether a writ petition challenging an interim show cause notice is maintainable.
Whether the petitioner is entitled to liberty to offer an explanation regarding unpaid registration fees.
Colour shows how this judgement treated each authority
Union of India vs. Kunishetty SatyanarayanaReferred¶31
Union of India vs. Kunishetty Satyanarayana (2006) 12 SCC 28 · Who else cites this
3 provisions across 3 enactments
A.N.Nachimuthu
Inspector of General Registration, Chennai
Special Deputy Collector (Stamp), District Collector Office, Madurai
District Registrar, District Sub Registrar Office, Dindigul
Sub-Registrar, Sub Registrar Office, Dindigul
Special Tahsildar (Stamp) Palani Taluk Office, Palani
B.PUgALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
