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2007 Supreme(Mad) 4044

FAKKIR MOHAMED IBRAHIM KALIFULLA, N.PAUL VASANTHAKUMAR, S.PALANIVELU
G. Karmegam and others – Appellant
Versus
The Joint Sub-Registrar, IV, Gowri Plaza, Bye Pass Road, Madurai. – Respondent


Advocates Appeared:
Mr. A.L. Somayaji, Senior Counsel for Mr. B. Kasirajan, Advocate for Petitioners in W.P. No.2732 of 2004; Mr. G. Ethirajulu, Advocate for Petitioner in W.P. No.6658 of 2007 & W.P. No.7749 of 2007; Mr. K. Murugesan, Advocate for Petitioners in W.P. No.6692 of 2007. Mr. S. Ramasamy, Additional Advocate General for Mr. R. Janakiramulu, Special Government Pleader for Respondents.

Judgment :-

S. Palanivelu, J.

1. The question posed before this Full Bench for determination is, as under:

Whether the reference of a document to the Special Deputy Collector (Stamps) under Section 47-A

(1) of the Indian Stamp Act is valid, if made after 21 days of registration of the document ?

2. A learned Single Judge of this Court in W.P. (MD) No.2731 of 2004, after going through the decisions of this Court on the subject, has raised the following questions:

(i) Whether the Court, in exercising the power of judicial review, can fix a limitation for the exercise of a statutory duty under Section 47-A(1) of the Act ?

(ii) Even if any guideline is introduced by a judgment, whether that can operate as a valid rule so as to nullify any order made within a reasonable period by the authorities, on allegations of undervaluation ?

3. The learned Single Judge, while opining, that in such matters, when a reference was pending for proper valuation by the Special Deputy Collector, the Court could only direct return of the registered document with proper endorsement, leaving the matter of undervaluation by proper adjudication by the Collector (stamps), referred the matter to a Division Bench.

4. A
























































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