PERIASAMY AND R. NATARAJAN Vs. THE CHIEF CONTROLLING REVENUE AUTHORITY, THE COLLECTOR OF REGISTRATION AND THE SUB-REGISTRAR

JUDGEMENT

(1.) THE Appellant purchased properties in Survey No. 254 of 586/1 with an extent of 2 acres 67th land under two documents dated 9.6.1997 and they were registered in the Sub -Registrar's office, Kodumudi in 200/98 and 201/98 on 16.3.1998. The vale per acre was fixed at Rs. 1,67,300/ - was mentioned for the above said properties with two wells and motor pump -sets. Since the Sub -Registrar felt that in the documents true market value has not been set forth, he made a reference under Section 47 -A(1) of Registration Act, 1908 before the Deputy Registrar (Stamps), Coimbatore by means of his letters dated 29.5.1998 and 27.5.1998 with letter Nos. 49/98 and 50/98. On receipt of the above said reference, the above said Appellate Authority issued Form 1 on 10.6.1998 to the Appellant under Rule 4 of Tamil Nadu Stamp (Prevention of Under -valuation of Instruments) Rules, 1968 (hereinafter referred to as Rules). Thereafter, he passed a proceeding on 7.1.2002 confirming the proposal of the Sub -Registrar which was based on the guideline value. The value for the property is Rs. 1,50,000/ - per acre. The Appellant was directed by the above said proceedings to pay the stamp duty as directed by the Sub -Registrar.

(2.) THEREAFTER , the Appellant preferred further Appeal before the Inspector General of Registration and on 1.9.2003, the said authority confirmed the proceedings passed by the Deputy Collector who had valued the properties at Rs. 1,67,300/ - per acre and that the same has to be treated as Market value of the property.

(3.) CONVERSELY , the learned Counsel for the Respondent Ms. Bavani Subarayn, Special Govt. Pleader (CS) would submit that due to the administrative reasons there might have been some delay but the authorities concerned, in all stages have issued notices to the Appellant, inspected the properties, made due enquiries and assessed the market value of the property and that the proceeding is not suffering from any illegality.