High CourtsSINGLE BENCH(2017) 10 MAD CK 0035

K.Srinivasan vs The Chief Controlling Revenue Authority cum-Inspector General of Registration, Registration Department, & Ors.

Madras High Court · Decided on 30 October 2017

HON’BLE JUDGES
M.Duraiswamy
CASE NUMBER
152 of 2015 and M P Nos 1 & 2 of 2015

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Judgment

13 paragraphs · 238 words
1.

Challenging the order passed by the Inspector General of Registration under Section 56 (1) of the Indian Stamp Act, 1899, the appellant has

filed the above appeal.

2.

The appeal has been filed under Section 47 A (10) of the Indian Stamp Act. Under the said provision, the appellant cannot maintain the Civil

Miscellaneous Appeal as against the order passed by the 1st respondent viz., the Inspector General of Registration under Section 56(1) of the Act.

Further, under Section 56 (1) of the Act, no appeal remedy is available to the appellant. Therefore, the appellant cannot invoke Section 47 A (10)

of the Indian Stamp Act for filing an appeal against the order passed by the 1st respondent. In view of the said provision, the Civil Miscellaneous

Appeal is not maintainable and the same is liable to be rejected.

3.

Mr.S.Udayakumar, learned counsel appearing for the appellant also sought liberty to the appellant to file a Writ Petition challenging the

impugned order dated 21.10.2014 passed by the 1st respondent, for which, Mr.T.Jayaramaraj, learned Government Advocate (CS) has no

objection.

4.

In view of the reasons stated above, the Civil Miscellaneous Appeal is rejected as not maintainable. It is open to the appellant to challenge the

impugned order in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the

connected miscellaneous petitions are closed.