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2008 Supreme(Mad) 668

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
S. Muthuramu
Versus
State of Tamil Nadu & Another
W.P.No.19012 of 2007 & M.P.Nos.1 of 2007 and 2 of 2007
Decided on : 26-02-2008

Advocates Appeared:
For the Petitioner:S. Vijayakumar, Advocate.
For the Respondents: I. Paranthaman, Additional Govt. Pleader.

The main legal point established in the judgment is that no charge can be framed against a quasi-judicial authority unless there is evidence of culpable negligence or ill-motive.

Headnote:

Indian Stamp Act - Quasi Judicial Authority - 47-A(1), Tamil Nadu Stamp (Prevention of Under-Valuation Instruments) Rules, 1968 - Rule 4 and 5 - Indian Stamp Act, Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, Rule 20(1) of the Tamil Nadu Government Servants Conduct Rules, 1973 - (1999) 7 SCC 409 (Zunjarrao Bhikaji Nagarkar v. Union of India), (2007) 2 SCC (Criminal) 266 (Ramesh Chander Singh v. High Court of Allahabad), 2007 (3) LLN 106 = (2007) 4 SCC 566 (Inspector Prem Chand v. Government of N.C.J. of Delhi), 1999 (2) LW 174 (A.M.Sankaran v. The Registrar, High Court, Madras)

Fact of the Case:

The petitioner, a quasi-judicial authority, was charged with undervaluing property under the Indian Stamp Act. The petitioner argued that the charge was not maintainable as he had acted in accordance with the Act and any dissatisfaction with the valuation could be addressed through an appeal.

Finding of the Court:

The court found that the charge against the petitioner, a quasi-judicial authority, was not maintainable as there was no evidence of misconduct or ill-motive. The court relied on legal precedents to support its finding.

Issues: The main issue was whether the charge against the petitioner, a quasi-judicial authority, for undervaluing property was maintainable.

Ratio Decidendi: The court held that unless there is evidence of culpable negligence or ill-motive, no charge could be framed against a quasi-judicial authority. Legal precedents were cited to support this principle.

Final Decision: The court set aside the charge against the petitioner, a quasi-judicial authority, and allowed the writ petition.

Judgment :-

By consent of both sides, the writ petition itself was taken up for final disposal.

2. Prayer in the writ petition is to quash the order dated 20.8.2005, passed by the first respondent herein.

3. The brief facts necessary for disposal of the writ petition are as follows:

.(a) Petitioner started his service in the Revenue Department as Junior Assistant in the year 1972; got promoted as Assistant in the year 1975; further promoted as Deputy Tahsildar in the year 1984; as Tahsildar in the year 1993; as Deputy Collector in the year 1998; and as District Revenue Officer in the year 2001. When the writ petition was

.filed, he was serving at the Principal Civil Services Training Institute, Bavanisagar. He has put in totally 34 years of service.

.(b) When the petitioner was promoted to the post of Deputy Collector, he was posted as Additional Special Deputy Collector and at that time, the Sub Registrar, Arakkonam referred Document No.70 of 1998 under section 47-A(1) of the Indian Stamp Act. On receipt of the reference, petitioner took action as contemplated under Rule 4 of the Tamil Nadu Stamp (Prevention of Under-Valuation Instruments) Rules, 1968. On perusal of the document and inspection of the property and after considering the representation, petitioner determined the market value of the property and fixed the value at Rs.22 per sq.ft. under section 5 of the Indian Stamp Act. The said value was fixed considering the market value prevailing then, even though the nomenclature of the land was shown as agriculture. The petitioner discharged his duties as a Quasi Judicial Authority and fixed the market value in terms of the provisions of the Indian Stamp Act.

.(c) On 20.8.2005, petitioner received a charge memo, framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, alleging that a loss of revenue to the Government to the tune of Rs.2,12,187/-was sustained since the petitioner failed to value the true market value by making local enquiry and arbitrarily fixed the value at Rs.22/- per sq.ft. and thereby petitioner contravened the Rule 20(1) of the Tamil Nadu Government Servants Conduct Rules, 1973.

.(d) According to the petitioner, he having exercised his powers as contemplated under the provisions of the Indian Stamp Act, as a Quasi Judicial Authority, if anybody is aggrieved, the proper remedy is to file an appeal against the said order as contemplated under the Act before the Inspector General of Registration and no misconduct for the alleged violation of the Rule 20(1) of the Tamil Nadu Government Servants Conduct Rules, is attracted. Petitioner sent a reply to the said charge memo on 211. 2005 and stated that he has followed Rule 4 and 5 of the Tamil Nadu Stamp (Prevention of Under-valuation of Instruments) Rules, 1968, and also inspected the property, received representation from the party and also verified the sales took place in the nearby lands within the vicinity and thereafter fixed the market value.

.(e) One of the document referred to the petitioner was Document No.70 of 1998 of Joint Sub Registrar Officer, Arakkonam, through which an extent of 1.04 acre of land comprised in T.S.Nos.25, 30, 32, 33 and 34 of Block-6, Ward- D of Arakkonam Municipality, Ammanur Village of Arakkonam Taluk, had been sold. Immediately on receipt of the documents from the Sub Registrar, he inspected the lands on 12. 1998 and after holding enquiry, he fixed the said market value. In fact, an award was passed by the Revenue Divisional Officer, Ranipet, in respect of lands under acquisition comprised in T.S.No.30/2, Block-4, Ward-D at the rate of Rs.16.06 per sq.ft. and while passing the award the Revenue Divisional Officer relied on the sales transaction took place on 13. 1997 in document No.131/1997, Joint Registrar-II, Arakkonam.

.(f) Even though enquiry was concluded with regard to the said charge memo on 4. 2006, a copy of the report was not given to the petitioner and after a request made, i
























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