ARJUN RAJAGOPALAN Vs. COLLECTOR OF CHENNAI

JUDGEMENT

(1.) BY impugned order dated 10.10.2009, the District Collector, Chennai, 1st Respondent herein, has directed the Petitioner to pay a sum of Rs.7,22,175/- as additional stamp duty for his property. The said order is under challenge in this Writ Petition.

(2.) ACCORDING to the Petitioner, he filed O.P.No.656 of 2007 on the file of this Court under Testamentary and Intestate jurisdiction for grant of Letters of Administration with respect to the Will executed by Dr. E.V. Kalyani and the said Petition was filed on 14.6.2007. By order dated 3.1.2008, this Court granted an order of Letters of Administration, which was received by the Petitioner on 15.2.2008. While filing O.P.No.656 of 2007, under Sections 232 and 276 of the Indian Succession Act, the Petitioner has also filed an Affidavit of Assets setting out the various movable and immovable properties, left behind by the Testratrix-Dr. E.V. Kalyani, and the properties were also discussed in the Will dated 30.11.1994 executed by her. ACCORDING to the Petitioner, he has paid necessary stamp duty on the valuation disclosed in the Affidavit of Assets and only after payment of necessary stamp duty for grant of Letters of Administration, orders were passed by this Court on 5.1.2008.

(3.) THEREAFTER, a communication in Letter No.B3/30911/2007 dated 15.10.2007 sent by 2nd Respondent on 15.10.2007, calling upon the Petitioner to furnish the particulars as stated therein. To assess the valuation of the property covered under the Will and as well as covered under the Affidavit of Assets filed in the above O.P before this Court was received. In response to the same, the Petitioner sent a reply on 10.11.2007 as required by the 2nd Respondent in Letter dated 15.10.2007.