9911796707
TMI Blog2011 (12) TMI 738X X X X Extracts X X X X X X X X Extracts X X X X ..... through their Director of Thiru.P.K.Ganeshkar, has purchased, an extent of 16.13 acres of house sites along with 5 old dilapidated Bungalows, situated at Corporation Door No.8 to 15C, Bharathi Ula Road, Madurai and Ward No.13, Madurai North Taluk, Madurai District, comprised in Survey Nos.837, 838, 839, 832, 2706/3, 2721/2 and 2722, within the Registration Sub-District of Tallakulam and Registration District of Madurai, through the document No.2336/2008, dated 19.05.2008 on the file of the 3rd respondent, the Sub-Registrar of Assurances, Tallakulam, Madurai. The appellant had purchased the subject property for a sale consideration of ₹ 17,61,00,000/- [Rupees Seventeen crores and sixty one lakhs only) calculating at the rate of ₹ 250/- per sq.ft., which according to the appellant, is the prevailing market value in respect of the subject property, which is having entrance through the northern side viz., facing Thiruvalluvar Nagar, Madurai North Taluk, Madurai District. 3.The 3rd respondent, the Sub-Registrar of Assurances, Tallakulam, Madurai, after taking note of the guideline value, for the property facing 'Bharathi Ula Road', has fixed the value at the rate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the appellant and Mr. A. Muthukaruppan, the learned Additional Government Pleader, appearing for the respondents. 9.It is palpable from the records that the appellant has purchased the subject property on 19.05.2008 for a sale consideration of ₹ 17,61,00,000/- [Rupees Seventeen Crores and Sixty one lakhs only] and it has also been crystallised that for the purpose of stamp duty it has been calculated at the rate of 250/- per sq.ft., which according to the appellant, is the prevailing market value in respect of the subject property, which is having entrance through Thiruvalluvar Nagar, Madurai, which locates on the northern side of the subject property. 10.It is also obvious to note here that for the lands located in Thiruvalluvar Nagar, Madurai, the guide line value has been fixed at the rate of ₹ 250/- per sq.ft. 11.Mr.M.Ajmal Khan, the learned counsel appearing for the appellant has advanced his arguments on the following grounds:- (i)The guide line value in respect of the properties abutting 'Bharathi Ula Road' cannot be taken into consideration for fixing the market value of the subject property, without going into the question as to how the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13.He has also maintained that the subject property is situated in a prime locality opposite to Bharathi Ula Road, in which, the District Passport Office is situated and Race Course Colony is also located just 50 metres away from the subject property and therefore, the action of the 3rd respondent, in referring the document under section 47(A) of the Indian Stamps Act, to the 1st respondent has been justified in the eyes of law. 14.Mr.A.Muthukaruppan, the learned Additional Government Pleader, has also adverted to that New Natham road is located only 100 meters away from the subject property and that the District Court is located only one kilometre away from the subject property. 15.He has also canvassed that there are several small and big shops in and around the D.R.O Colony and on the Alagar Koil Road, there is also multi- storeyed residential complex with shops, which are adjoining to the southern compound of the subject property and there are Corporation Schools at K.Pudur and Jawaharpuram within walkable distance. 16.He has also argued that the Institute of Social Work and Madurai Kamaraj University are located just within one Kilometre from the subject property and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the subject property encompasses with the compound wall comprised in S.Nos.832, 837, 838, 839, 2706/3, 2721/2 and 2722, which is accessible through the entries located in Thiruvalluvar Nagar area. 25.He has further stated that Chethana Matriculation Higher Secondary School is located abutting to compound wall on the south-west of subject property. Apart from this, on the western side, Housing Board Colony and on the northern side private houses are also located. 26.In para 4, he has stated that on the left side of southern entry near Bharathi Ula Road, one Muthuraman and Vekateswari, had purchased 22 cents of lands in T.S.No.22 and at the time of his inspection, he had found that construction work was going on near the southern entry and since the purchaser, Muthuraman and Venkateswari have right in the southern entry, the purchaser of the subject property viz., the appellant cannot use the southern entry to have the access to the subject property. 27.He has also stated that since the subject property was encircled with the compound wall, during emergency there is no other go, excepting to use the gates located in southern and northern side of the subject property. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rupees one crore forty lakhs and eighty eight thousand only], was paid already and the appellant was directed to pay the remaining balance of ₹ 1,52,90,432/- [Rupees one Crore, fifty two lakhs, ninety thousand, four hundred and thirty two only]. 34.In his order itself, he has clearly stated that:- (i)the exact location of the subject property and for the subject property, there is no access from Bharathi Ula Road and the access is available only on Thiruvalluvar Nagar and even there is no possibility of laying road through Bharathi Ula Road. (ii)that only a small portion of the land, measuring to an extent of 4.43 acres comprised in S.Nos.837, 838 and 839 lies adjacent to Bharathi Ula Road. (iii)that the larger extent of property comprised in S.Nos.2706/3, 2721/2 and 2722 are situated in Thiruvalluvar Nagar. 35.This fact has not been appreciated and considered by the first respondent, the Chief Controlling Revenue Authority-cum-Inspector General of Registration, Chennai and that is why, he has taken a wrong decision in confirming the order of the second respondent. 36.As it appears from the guide line, for the Bharathi Ula Road, tagged along with records, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ievance for the assessment made by the 2nd respondent with regard to gates, compound wall and building. 40.According to the appellant, the total sale price is ₹ 17,64,69,491/- [Rupees Seventeen Crore, Sixty four lakhs, Sixty nine thousand four hundred and ninety one only]. According to respondents, the sale price is to be assessed at ₹ 36,72,30,391/-[Rupees thirty six crore seventy two lakhs thirty thousand three hundred and ninety one only] rounded off to ₹ 36,72,30,400/-[Rupees Thirty six crore, seventy two lakhs thirty thousand and four hundred only]. Already, the appellant has paid the stamp duty at the rate of 8%, for ₹ 17,64,69,491/- [Rupees Seventeen crore sixty four lakhs sixty nine thousand four hundred and ninety one only] which was calculated at ₹ 1,41,17,559/- [Rupees one crore, forty one lakhs, seventeen thousand and five hundred and fifty nine only]. According to the respondents, the stamp duty has been estimated at ₹ 2,93,78,432/- [36,72,30,391 x 8/100 = ₹ 2,93,78,432/-]. 41.It is quite relevant to note here that the appellant has paid already a sum of ₹ 1,40,88,000/- [Rupees one crore forty lakhs and eighty eight ..... X X X X Extracts X X X X X X X X Extracts X X X X
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