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2012 DIGILAW 253 (MAD)

R. J. Anandmul v. The Inspector General of Registration Office of the Inspector General of Registration No. 100, Santhome High Road Chennai

2012-01-12

VINOD K.SHARMA

body2012
Judgment :- 1. Petitioner prays for issuance of writ in the nature of mandamus directing the respondents 1 and 2 to extend the benefit of Samadhan scheme 2011 circulated vide G.O.(Ms)No.132 dated 31.10.2011. 2. The case of the petitioner is that he purchased a property measuring 24 cents in Town Survey No.22 of Chenglepet town on 05.01.2009. The total sale consideration was shown to be Rs.75,00,000/- (Rupees Seventy five lakhs only) and necessary stamp duty was fixed thereof. 3. The 3rd respondent prima facie finding that valuation of the property was not correct, referred the matter for adjudication u/s. 47(A) of the Indian Stamp Act. 4. The case of the petitioner is that proceedings under Section 47(A) are still pending adjudication. The petitioner therefore prays that his case may be considered, in terms of G.O.(Ms)No.132 dated 31.10.2011. 5. It is well settled law that in order to succeed in any writ of mandamus, the petitioner should show his legal right and corresponding obligation on the part of the respondents and that before approaching this court, a writ of demand was issued to the competent authority which has not been decided or entertained, in violation of statutory/legal obligation. 6. In the present case, though the petitioner has fulfilled the first two conditions, yet the petitioner has not filed writ of demand. 7. In absence of writ of demand the writ is not competent. Consequently, this writ petition is dismissed. No costs.