Petitioner sought a direction to registration authorities to act against his father and brothers for suppressing property details in registered sale documents to evade stamp duty. The court held Section 47A(3) proceedings are barred by the five-year limitation and dismissed the writ petition with liberty to file a suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.23238 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2025
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.23238 of 2017
M.Alagudurai
... Petitioner
Vs.
5.M.Ganesan ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of a Writ of Mandamus directing the first and second respondents to take appropriate action against the third to fifth respondents for their willful suppression of the property details registered in Document Nos.1179/17 and 1180/17 dated 07.08.2017 on the file of
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W.P.(MD) No.23238 of 2017
Court.
the second respondent within the time limit that may be stipulated by this Court.
For Petitioner : Mr.K.Gurunathan For R1 & R2 : Mr.S.P.Maharajan Special Government Pleader For R3 to R5 : Mr.F.X.Eugene *****
O R D E R
This Writ Petition has been filed seeking for a direction to the first
and second respondents to take appropriate action against the third to fifth respondents for their willful suppression of the details of the property, which have been registered as Document Nos.1179/17 and 1180/17, dated 07.08.2017, on the file of the second respondent.
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W.P.(MD) No.23238 of 2017
details of the property; and that as the same has not been considered, the petitioner has approached this Court by way of the present Writ Petition.
respondents, that due to a family dispute between the parties, the petitioner has filed the present Writ Petition alleging suppression of material facts, that the third to fifth respondents have not suppressed any material facts for the authorities to conduct inquiry; and that the said documents were registered and released by the second respondent in accordance with the due procedure prescribed in this regard.
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W.P.(MD) No.23238 of 2017
accordance with all due formalities, the documents were released, that if the second respondent had found any infirmities, the same could have been either referred under Section 47A of the Stamp Act, 1899 for determination of the actual value of the property, that such is not the situation in the present case, and therefore, there is no necessity even to grant a mandamus to consider the petitioner's representation.
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W.P.(MD) No.23238 of 2017
Therefore, even if a direction is issued to the first and second respondents
to consider the representation of the petitioner, they would not be in a position to initiate any proceedings under Section 47A(3) of the Stamp Act, 1899.
the petitioner to file appropriate suit. There shall be no order as to costs.
03.01.2025
Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN
Copy To: 1.The District Registrar, Tenkasi Registration District, Tenkasi, Tirunelveli District - 627 811.
2.The Sub-Registrar, Melaneelithanallur, Sankarankovil Taluk, Tirunelveli District - 627 953.
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W.P.(MD) No.23238 of 2017
K.KUMARESH BABU, J.
JEN
W.P.(MD) No.23238 of 2017
03.01.2025
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1 issue framed by the court
Whether mandamus should be issued to registration authorities to act against vendors/purchasers alleged to have suppressed property details to evade stamp duty.
3 provisions across 2 enactments
M.Alagudurai
The District Registrar, Tenkasi Registration District
The Sub-Registrar, Melaneelithanallur
I.Maruthapandi
M.Irulappapandian
M.Ganesan
K.Kumaresh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
