G. SHANTHI Vs. THE SPECIAL DISTRICT COLLECTOR

JUDGEMENT

(1.) HEARD both sides.

(2.) THE gist and kernel, the pith and marrow of the case of the petitioner as found set out in the affidavit accompanying the respective writ petitions as well as the submissions made by the learned counsel appearing for the petitioner could be set out thus: The petitioner got his sale deed registered with the Sub -Registrar concerned, who after registration referred the matter to the Special Deputy Collector (Stamps) for collecting the deficit stamp duty; whereupon the authorities concerned passed the final order without adhering to the procedures. The documents registered is also being retained by the Sub Registrar in violation of the Judgment of this Court dated 17.6.2008 in W.P.No. 2464 of 2008. Accordingly, he prays for passing necessary direction by this Court.

(3.) WHEREAS the learned Government Advocate would highlight and spotlight the fact that the Judgment of this Court cited supra is not applicable for the reason that already final order has been passed, if at all the matter is pending before the appropriate authority for passing final order relating to deficit stamp duty, the question of returning the document by making endorsement thereon would arise; but in this case already final order has been passed and under the Indian Stamp Act the question of returning the document by making endorsement would not arise.