A S CHIDAMBARANTHAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) THE petitioner seeks for a Writ of Certiorari to call for the production of records from the respondents culminating in the issue of impugned order dated 1.2.1999 from the second respondent, quash the same.

(2.) THE petitioner challenges the impugned order dated 1.2.99, wherein, the second respondent directed the petitioner to pay a sum of Rs.27269/- being the deficit stamp duty payable to the Government on account of the sale deed No.737 of 1992 produced by him before the first respondent for registration. It is seen from the records that the first respondent, not satisfied with the stamp duty paid by the petitioner and as the documents accompanied only a deficit stamp duty, impounded the documents and directed the petitioner to pay the balance stamp duty. THE petitioner did not care to collect the documents after paying the deficit stamp duty. THEreafter, on the requisition made by the first respondent by invoking the provision of Revenue Recovery Act, the second respondent issued the impugned notice. THE petitioner did not challenge the decision of the first respondent in demanding the deficit stamp duty nor did he file any appeal provided under the Stamp Act with the appellate authority.

(3.) ON notice from this court, the first respondent has filed counter affidavit dated 3.5.1999. In paragraph 8, which reads as follows: