C V GOVINDARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present writ petition is filed by R. Ravi, against the impugned order passed by the first respondent made in No.58051/N1/2003 dated 30.01.2004, quash the same and direct the first respondent herein to entertain the appeal filed by the petitioner dated 24.11.2003, enquire the same and pass further orders in accordance with law.

(2.) THE petitioner presented a document for registration before the Sub-Registrar's Office, Uthukottai, by valuing a land measuring 0.88 cents in Survey No.275 A/2A and 275A/5 in Uthukottai Village, Tiruvallore District under document No.1017 and 1227 of 1997 as per the prevailing guidline vaule at that time. THE third respondent, holding that the property is a house site, valued the property at the rate of Rs.30/- per sq. feet and referred the matter under section 47A of the Indian Stamp Act.

(3.) THE learned counsel appearing for the petitioner contends that had there been a simple notice given by the first respondent, the petitioner could have appeared and cured all the defects and would have got an appropriate order against the order passed by the second respondent. But unfortunately, since no notice was given to the petitioner by the first respondent, the entire purpose for which the appeal is contemplated under Rule 9 of the Tamilnadu Prevention of Under Valuation of Instruments Rules was defeated and in any event it was further pleaded that if one more opportunity is granted to the petitioner to go before the first respondent by making use of the same, he would be able to represent the statutory appeal in accordance with the provisions of Rule 9 of the Tamilnadu Prevention of Under Valuation of Instruments Rules.