High CourtsDivision Bench(2004) 12 MAD CK 0121

V.R. Venkataraman vs Chief Controlling Revenue Authority/The Inspector General of Registration and Others

Madras High Court · Decided on 28 December 2004 · Citation: (2005) 2 CTC 465 : (2005) 2 RCR(Civil) 628

HON’BLE JUDGES
Markandey Katju, C.J · K. Govindarajan, J
CASE NUMBER
C.M.A. (MD) No. 370 of 2004

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Judgment

5 paragraphs · 203 words

K. Govindarajan, J.—Learned Special Government Pleader took notice on behalf of all the respondents.

2.

Heard the learned counsel on either side.

3.

The above appeal is filed questioning the Order of the first respondent rejecting the appeal while exercising the power u/s 47-A(5) of the Indian Stamp Act, 1889. Though the first respondent exercised quasi-judicial power, he has not given any reason whatsoever while confirming the Order of the lower authority. As held by the Supreme Court in the decision in S.N. Mukherjee Vs. Union of India, , a quasi-judicial authority, while disposing an appeal, has to give reasons in support of his conclusion.

4.

In this case, no such reasoning is given. Hence, the impugned Order is set aside and the matter is remitted back to the first respondent to deal with it afresh and pass orders, in accordance with law, expeditiously giving reasons in support of his conclusion. The appeal is allowed, accordingly.

5.

Learned counsel appearing for the appellant further submitted that the concerned authority may be directed to return the original sale deed, which was presented for registration. The third respondent is directed to return the original sale deed, after taking a Xerox copy of the same, immediately.