Incomplete orders under Section 47A of the Indian Stamp Act cannot be upheld without proper procedures being observed.

ORDER

The writ petition has been filed directing the respondents to release the original of the sale deed dated 12.11.2012 registered as Document No.3523 of

2012 on the file of the Joint Sub-Registrar-I Nagercoil.

2. It is the case of the petitioners that the document that had been registered by them had not been released as of this date. Even though they had been informed that the document had been retained in the office for initiation of proceeding under Section 47A of the Indian Stamp Act, they had not received any notice for enquiry. Hence, he would submit that the second respondent cannot retain the document and hence, direction has to be issued to him to release the original sale deed dated 12.11.2012 registered as Doc.No.3523 of 2012 on the file of the second respondent.

3. On the contrary, learned Special Government Pleader appearing for the respondents would submit that a formal notice had been issued by the Special Deputy Collector (Stamps) on 10.05.2013 and thereafter by proceedings dated 22.07.2013, final orders have also been passed. He would further submit that the petitioners had knowledge of the said proceedings, as they themselves had submitted a representation to the Special Deputy Collector (Stamps) and the respondent has also issued the demand notice on 26.06.2022 calling upon the petitioner to make the payment. Neither the payment had been made by the petitioner nor the adjudication made by the Special Deputy Collector (Stamps)

had been challenged by the petitioner.

4. I have perused the orders passed by the Special Deputy Collector (Stamps).

5. Even though the petitioners had not stated anything about the proceedings that had been initiated against them under Section 47A, it is to be seen that the first petitioner had sent a representation to the Special Deputy Collector (Stamps) as to the determination of the market value and the order seems to have been passed on 22.07.2013. A perusal of the order would show that the order had been signed on 22.07.2013, but the same had not been dated and there has been blanks in the order including the place, where the date of enquiry was supposed to be mentioned. Hence, I am of the opinion that the said order is an incomplete order, which deserves no consideration and the consequential notice which is said to have been issued on 28.06.2013 would also be non-est.

6. In such circumstances, considering the fact that already a notice under Form 1 had been issued to the petitioners, which has also been acknowledged and replied to by the first petitioner, the petitioners shall make a detailed representation to the Special Deputy Collector (Stamps), Tirunelveli within a period of four weeks from the date of receipt of a copy of this order and on receipt of the same, the Special Deputy Collector (Stamps) after providing an opportunity of personal hearing to the petitioners shall pass appropriate orders on merits and in accordance with law. It is open to the petitioners either to accept the same or to challenge the same in the manner known to law. Considering the fact that the Special Deputy Collector (Stamps), Tirunelveli is not a party, Registry is directed to mark a copy of this order to the Special Deputy Collector (Stamps), Tirunelveli.

7. With the aforesaid directions, the Writ Petition stands disposed of.

However, there shall be no order as to costs.

Index : Yes / No 07.01.2025 Internet : Yes / No mm To

1.The District Registrar, Kanyakumari District Registrar Office, S.L.B.School, South Street, Nagercoil 1.

2.The Joint Sub Registrar-I, Joint Sub Registrar-I Office, Nagercoil, Kanyakumari District.

K.KUMARESH BABU, J.

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07.01.2025