M R SRINIVASAN Vs. COLLECTOR OF MADRAS

JUDGEMENT

(1.) OBJECTING the correctness of the valuation in a proceedings initiated under Section 59 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (hereinafter referred to as the 'Act') the first respondent held an inquiry under Section 59 of the Act. It is not in dispute that the first respondent collector invited objection from the petitioner and the petitioner had submitted his objections through the counsel and also filed a vakalat, objecting the memo of valuation arrived at by the collector for the property in question, which is the subject matter of the proceedings initiated under Section 59 of the Act.

(2.) EVEN though Section 59(3) of the Act contemplates the collector to provide a personal opportunity to the applicant and take evidence and inquire into the matter and again section 59(5) of the Act requires the Collector to move the court before whom the application for probate or letter of Administration was made, since the petitioner did not amend the valuation to the satisfaction of the Collector, the respondent in his proceedings dated 21.4.1994, which is impugned in this writ petition, required the petitioner to remit an additional court fee of Rs.24,244 admittedly, without giving personal opportunity. Hence, the above writ petition for issue of a writ of certiorarified Mandamus to call for the records of the first respondent dated 21.4.1994 and to quash the same and consequently, to forbear them from levying deficit court fee in O.P.No.328 of 1988, High court, Madras.