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1990 Supreme(Mad) 448

S.T.RAMALINGAM
R. Thiagasundaram – Appellant
Versus
State of Tamil Nadu and Others – Respondent


Appearing Advocates:K. Jayachandran, N. Bhaskaran, Advocates.

Judgment :-

The petitioner presented certain documents of sale for registration valuing the property at a particular rate. The Registering Authority having regard to the provisions of S. 47A of Indian Stamp Act has referred to the Collector the question of determining the market value of the property and whether the proper stamp duty has been paid on the instrument. It is at this stage, the present writ petition has been filed praying a writ of certiorarified mandamus to call for the proceedings of the Registering Officer dated 14-6-1990 by referring the matter regarding the market value under S. 47A of the Stamp Act to the Collector.

2. It is the contention of the learned counsel for the petitioner that in the property certain minors have a share and in order to obtain permission from the City Civil Court for selling the share of the minors, O.P. No. 38 of 1990 was filed in the City Civil Court, Madras indicating the value of the property as recited now in the instrument presented for registration. The City Civil Court having regard to the averments made by the mother passed orders on 21-3-1990 granting permission inter alia observing that the property is being sold for a fair and


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