A BARAKATH ALI Vs. JOINT SUB REGISTRAR CHIDAMBARAM

JUDGEMENT

(1.) WITH the consent of the learned counsel appearing on either side, the Writ Petition itself has been taken up for consideration.

(2.) A Challenge has been made to an order passed by the second respondent in C.Pa.No.5443/01-02 dated 8.01.2004, in and by which the petitioner's property has been valued and a deficit Stamp Duty of Rs.1,86,862/- has been ordered to pay.

(3.) THE petitioner claims that the second respondent has not fixed the market value himself and it was fixed relying on some report of the first respondent, which was never served on the petitioner. THErefore, the conclusion of the second respondent is illegal and the order suffers from legal infirmity, primarily on the aspect of lack of opportunity to the petitioner, as it was passed without notice or information, without affording an opportunity to defend himself, without following the procedure contemplated under the law and with non-application of mind. Hence, the above Writ Petition has been filed.