SURESH BABU Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned (a) notice dated 07.02.2017 and (b) check slip dated 05.04.2017 issued by the third respondent.

(2.) It is the case of the petitioner that he is the owner of the property bearing Survey No.290A/2 measuring 61 cents and 294A/1 measuring 14 cents of Keezhminnal Village, Vellore District. According to him, the aforementioned properties were settled in his name by his father C.Renu, his brother, P.R.Chandrasekaran and his sister, Chitra under Settlement deed dated 24.02.2016 registered as document No.1162/2016 before the third respondent. According to the petitioner, to his shock and surprise, the District Registrar, Arakonam, sent a notice on 16.12.2016 alleging that on inspection, the third respondent found that a document registered as a settlement on 24.02.2016 in his name is incorrect and therefore deficit stamp duty of Rs.4,79,168/- is payable under Section 34 of the Stamp Act. According to the petitioner, he was called upon to respond to the said notice within a period of 15 days.

(3.) It is his case that based upon the settlement deed, he has also taken steps to raise funds through Indian Bank, Sathuvachary Branch, Vellore and accordingly, presented the records to the third respondent for registration of the memorandum of deposit of title deeds. The third respondent refused to register on the ground that deficit stamp duty is payable in respect of the release deed dated 24.02.2016 and the third respondent passed the impugned order in Nil No.1/2017, dated 05.04.2017. Aggrieved by the same, this writ petition has been filed.