SOUTHERN CERAMICS PVT. LTD. Vs. THE SUB-REGISTRAR

JUDGEMENT

(1.) The petitioner has come forward with this writ petition challenging the Notice dated 17.8.2009 and to direct the respondents to return the Registered Document No. 1188/09 pertaining to the Scheduled Property mentioned in the Writ Petition to the petitioner. The case of the petitioner is that in the year 1981, the property in question was allotted to the petitioner Company through SIDCO and a deed of assignment was executed by SIDCO on 04.01.1983. By G.O.Ms. No. 87 dated 11.10.2007, SIDCO was permitted to execute a sale deed in favour of the petitioner and a sale deed was also executed on 02.03.2009 in favour of the petitioner company and the consideration was Rs. 54,000/-, which was already paid by the petitioner to SIDCO at the time of allotment in the year 1981. It is the further case of the petitioner that when me sale deed was duly stamped and submitted for registration on 15.05.2009, during the course of registration, the 1st respondent informed the petitioner orally that the sale deed was being impounded and would be referred to the 2nd respondent under Section 47A(1) of the Indian Stamp Act, 1899. Subsequently, by a communication dated 21.05.2009, the 1st respondent informed the petitioner that the registered sale deed No. 1188/09 has been referred to the 2nd respondent under Section 47-A(1) of the Indian Stamp Act. While so, the impugned notice under Form I under Rule 4 of the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 was issued on 17.08.2009. After sending a reply to the said notice on 21.09.2009, the petitioner has come up with this writ petition seeking the relief stated supra.

(2.) The learned counsel for the petitioner relying on the following decisions, viz:-

(3.) No counter has been filed in this Case. However, the learned Government Advocate appearing for respondents 1 and 3, contended that if the property is under valued, they are entitled to take action against SIDCO.