1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 20.10.2011 CORAM :: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.11757 of 2011 and M.P.(MD)No.1 of 2011 S. Ganesan, S/o. R. Samiaiah, 31, Kamarajapuram 8th Street, Pudukkottai. ...... Petitioner – Vs - 1. The Special Deputy Collector, (Stamp Duty), Trichy. 2. The Sub Registrar, Kulathur, Pudukkottai. 3. The Assistant Executive Engineer, Office of the Deputy Inspector General of Registration, Madurai. ...... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings of the first respondent dated 27.05.2011 in Ref.Tha.Pa.No.1159/2011 and quash the same and consequently directing the second respondent to release the sale deed (Doc.No.181/09) dated 21.01.2009 to the petitioner. For Petitioner :: Mr. G. Arockiasamy For Respondents :: Mr. K. P. Krishnadoss Government Advocate O R D E R The petitioner has come up with the above writ petition, challenging a Notice served on him in Form No.I under Rule 4 of the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968. 2. Heard Mr. G. Arockiasamy, learned counsel for the petitioner and Mr. K. P. Krishnadoss, learned Government Advocate for the Respondents. 3. What is challenged in this writ petition is only a Notice issued by the Special Deputy Collector (Stamp Duty) under Section 47-A of the Indian Stamp Act, 1899. 4. The notice indicates that the guideline value of the property was Rs.87,45,604/- (Rupees Eighty Seven Lakhs Forty Five Thousand Six Hundred and Four only). The consideration mentioned in the document is Rs.50,00,000/- (Rupees Fifty Lakhs only). The document was presented for Registration on 21.01.2009. Therefore, the document was https://hcservices.ecourts.gov.in/hcservices/ 2 referred to the Special Deputy Collector. He has simply issued the Notice impugned in the writ petition, without forming any opinion. The Special Deputy Collector has jurisdiction to issue such a Notice. Therefore, the petitioner has a duty to lodge his objections and invite an order, without which the writ petition cannot be filed. 5. Therefore, this writ petition is dismissed. However, the petitioner is granted two weeks' time from the date of receipt of a copy of this order to file his objections to the impugned notice. Upon the petitioner filing his objections, the Special Deputy Collector (Stamp Duty) / the first respondent herein shall consider the same, examine the issue from all possibilities and thereafter pass a reasoned order, within a period of four weeks from the date of filing of the objections. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (T&P) / True Copy / Sub Assistant Registrar To: 1. The Special Deputy Collector, (Stamp Duty), Trichy. 2. The Sub Registrar, Kulathur, Pudukkottai. 3. The Assistant Executive Engineer, Office of the Deputy Inspector General of Registration, Madurai. +1CC TO MR.G.AROCKIASAMY, ADVOCATE SR : 36524 Dpn SR : 29.10.2011 : 2p/5c W.P(MD)No.11757 of 2011 and M.P.(MD)No.1 of 2011 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/