Guideline values for properties are not definitive market values but serve as prima facie rates, requiring reassessment by the designated sub-committee under the Indian Stamp Act and relevant rules.

ORDER

This writ petition has been filed for the issue of a writ of mandamus, directing the respondents to reassess the guideline value for the subject property in Survey No.866/4A measuring an extent of 0.50 cents situated at Chinnambedu 2 Village, Ponneri Taluk, Tiruvallur District, based on the representation made by the petitioner on 15.05.2024.

2.Heard Mr.P.M.Bakthavatsalam, learned counsel for the petitioner, Mr.B.Vijay, learned Additional Government Pleader for R1 to R5.

3.The grievance of the petitioner is that except the subject property, the guideline value of all the other adjacent properties has been properly fixed and hence, the petitioner made a representation for reassessing the guideline value.

4.The issue that is involved in the present writ petition was dealt with by this Court in Mrs.Anita Thomas and Others .Vs. The Inspector General of Registration and Others reported in 2024 (5) CTC 76. The relevant portions are extracted hereunder:

23. It is relevant to note here that as per the provisions under the Indian Stamp Act, 1899, guideline value of a property could be fixed only in accordance with law. By Act 13 of 2008, the State of Tamil Nadu inserted Section 47-AA to the Indian Stamp Act 1899. The said provision came into effect w.e.f. 01.06.2010 which reads as follows:- “47-AA. Constitution of Valuation Committee.–

(1) The State Government shall, by notification, constitute a Valuation Committee under the Chairmanship of Inspector-General of Registration and such other member as may be specified for estimation, publication and revision of market value guidelines of properties in any area in the State at such intervals and in such manner as maybe prescribed, for the purpose of Section 47-A.

(2) The Valuation Committee is the final authority for the formulation of policy, methodology and administration of the market value guidelines in the State and may, for the said purpose, constitute valuation sub-committee in each district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines.

(3) The sub- committee so constituted shall function under the Valuation Committee and shall follow such procedures as may be prescribed and shall be subject to reconstitution whenever found necessary.”

24. The above provisions would make it clear that fixation of market value guidelines and revision of market value guidelines of properties shall be done only by the Valuation Committee. As provided under sub-section (2) of Section 47-AA, the Valuation Committee may constitute valuation subcommittee in each district comprising of such members as may be prescribed, for estimation and revision of the market value guidelines.

25. Rule 3 of The Tamil Nadu Stamp (Constitution of Valuation Committee For Estimation, Publication And Revision of Market Value Guidelines of Properties) Rules, 2010 deals with constitution of sub-committee which reads as under:- 3.

Constitution of valuation sub-committee.—

(1) The Valuation Committee may constitute valuation sub-committee in each revenue district for the purpose of estimation and revision of the market value guidelines of the properties consisting of the following members.—

(i) District Collector - Chairman;

(ii) District Revenue Officer;

(iii) Deputy Inspector General of Registration;

(iv) District Registrars of the Concerned Registration district;

(v) District Registrar of the Head Quarters of the concerned revenue district-Secretary;

(vi) Assistant Director of Town Panchayats;

(vii) Assistant Director of Panchayats;

(viii) Regional Director of Municipalities and

ix) Representatives of local bodies (2) The office of the valuation sub-committee shall be located in the office of the District Collector and he is responsible to oversee the administration of the valuation sub- Committee. The District Registrar of the concerned revenue district shall deal with the correspondence and is also responsible for the compilation of the data relating to the market value of the