K K RITHA Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) THE petitioner has filed the present writ petition, seeking for a direction to the respondents to register the document in favour of a male member only to the extent of sale by collecting the stamp duty as applicable and without insisting the balance of 50% stamp duty on the entire sale already effected.

(2.) WHEN the writ petition came up on 21.10.2010, Mr.Vijay Anand, learned Government Advocate (Puducherry) took notice on behalf of the respondents. He has filed a counter affidavit dated Nil (February 2011).

(3.) IN the present case, the petitioner is the beneficiary of acquisition of land to the extent of 9750 Sq.t. She has also availed 50% stamp duty concession from the Government. However, for reasons best known, the petitioner wanted to sell 409.50 Sq.Ft, which is 4.20% undivided share, right, title and interest out of the total extent in favour of one person who is admittedly a male member. Even before presenting the document before the Registrar, the petitioner sent a representation dated 08.07.2010 stating that she has enclosed the attested photocopy of the registered sale deed dated 12.01.2007 and sought permission to sell it to a male member by agreeing to pay the stamp charges without any concession. There is no order passed by the respondents since there was no instrument presented at the hands of the respondents. Even while the representation is pending, the petitioner moved this Court with the present writ petition with the prayer already extracted above.