N RAJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner herein seeks a writ of mandamus for a direction to the respondents to release the petitioner's sale deed, dated 21. 8. 1998 registered as document No. 2042/98 in the office of the 3rd respondent pertaining to the property situated at 24th ward, Tirupur Town, Tirupur Taluk comprised in Old S. F. No. 9/1d, New S. R. No. 8/1d, measuring 15181 Less than sq. ft.

(2.) THE affidavit filed in support of the petition is perused. The court heard the learned counsel on either side.

(3.) THE case of the petitioner in short, as could be seen from the averments and also the submissions made by the learned counsel, is that the petitioner purchased the property, measuring 15181 Less than sq. ft. situated at 24th ward, Tirupur Town in Old S. F. No. 9/1d, New S. R. No. 8/1d by sale deed, dated 21. 8. 1998 and the same was registered before the Joint II SRO, Tiruppur; that the petitioner was put in possession and enjoyment of the property; that he approached the third respondent to get the original sale deed; that he was informed that the sale deed was insufficiently stamped and proceedings would be initiated for under-valuation and the same would be communicated to him, but he has not received any notice from the authority; that there was no under valuation of the document; that under Section 47-A of the Indian Stamp Act, if there is any under valuation in the document, the registering Officer shall make a reference to the Collector for determination of market value of the property and for the proper duty payable thereon and only on receipt of such reference, the Collector has to determine the market value of the property for the purpose of payment of proper duty by way of enquiry after giving an opportunity to the concerned person; that in the instant case, nothing has been taken place; that after many representations, a detailed representation was given on 18. 3. 2003 to the second respondent, expressing willingness to pay the stamp duty payable pursuant to the alleged under valuation of the sale deed and to receive back the same; that even then, nothing has happened yet and under these circumstances, this writ petition has been brought forth before this court. Further, it is a fit case where a direction has got to be given to the second respondent to fix the market value and also the stamp duty payable and also for a direction to the third respondent to release the document.