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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
K.Sridar Babu – Appellant
Versus
District Collector O/o.The District Collector – Respondent
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 th
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.
Market value determination must adhere to established guidelines and procedures, and unilateral fixation by authorities is invalid.
The court established that statutory authorities must adhere to prescribed procedures when revising market values, and failure to do so violates principles of natural justice and the rule of law.
The court emphasized that plaintiffs must provide adequate reasons for valuing property below statutory market values as per Section 47-AA of the Indian Stamp Act, while their assessment is accepted ....
The market value of a property should be assessed based on ground reality, and the proper procedure must be followed in determining the market value.
The assessment of property valuation under Rule 5 of the Tamil Nadu Stamp Rules is final, and courts should not interfere with such orders passed on merits.
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