1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.03.2011 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.2978 of 2011 and MP(MD)No.1 of 2011 N.Sundar :Petitioner -Vs- 1.The Inspector General of Registration, Santhome High Road,Chennai-28. 2.The Joint Registrar, Madurai North, District Registrar Office, Madurai. 3.The Special Deputy Collector (Stamps), District Collectorate Compound, Madurai-20. :Respondents Prayer:-Writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records relating to the impugned notice made in document No.2144/2008 dated 03.02.2011 passed by the second respondent and quash the same. For Petitioner : Mr.D.Sadiq Raja For R.1 to 3 : Mr.K.Balasubramanian,Addl.Govt.Pleader ORDER Aggrieved against the order passed by the respondents under Section 47-A of the Indian Stams Act, 1899, earlier, the petitioner filed three sets of Writ Petitions and ultimately, this Court directed the petitioner to file an appeal as against the order of payment of demand of stamp duty. Pursuant to the order of this Court, he has preferred an appeal and the said appeal is pending before the appellate authority, namely, the first respondent herein He would contend that he also filed an application for stay along with the appeal and no stay is granted sofar and the said stay application is also pending. Pending the stay application, presently, the original authority has issued a notice dated 03.02.2011 calling upon him to pay the amount assessed by him within 15 days from the date of receipt of the copy of the order Aggrieved over the same, he has come forward with the present Writ Petition 2.At the outset, the Writ Petition is not maintainable and hence, it has to be dismissed in limine, as the notice only says that the amount in question to be paid within 15 days from the date of notice and it does not say anything about the coercive steps to be taken against the petitioner When the appeal is pending before the appellate authority, he not having obtained stay, has no right to move this Court and seek indulgence of this Court. Hence, this Writ Petition is dismissed, as not maintainable. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The learned counsel for the petitioner only made a request that since the appeal is pending and the stay application is also pending, as they have issued a notice, he only prays this Court that the appellate authority may be directed to dispose of the stay application on merits and in accordance with law. Heard both parties. By consent, the Writ Petition itself is taken up for final disposal. 4.In view of the above submission, the appellate authority shall consider the stay application, that is to say, if any application for stay has been filed along with the appeal and still pending with the appellate authority, the same has to be disposed of within a period of three months from the date of receipt of a copy of this order. With the above observation, the Writ Petition stands disposed of Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Inspector General of Registration, Santhome High Road,Chennai-28. 2.The Joint Registrar, Madurai North, District Registrar Office, Madurai. 3.The Special Deputy Collector (Stamps), District Collectorate Compound, Madurai-20. +1CC to The Special Government Pleader. SR.No.6855. Ssm RP/22.03.2011/2P/5C. W.P.(MD).No.2978 of 201 15.03.2011 https://hcservices.ecourts.gov.in/hcservices/