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3. It is the contention of the petitioner that in accordance with Section 51 of the Act, notification dated 10.9.1966 had been issued, the second respondent should have granted exemption.

4. A counter affidavit has been filed on behalf of the respondents. In such counter affidavit it has been stated that the Tamil Nadu Co-operative Societies, 1983 is a State Act and the Indian Stamp Act, 1 899 is a Central Act, and, therefore, Section 51 of the Tamil Nadu Co-operative Societies Act cannot override the provisions of the Indian Stamp Act, and unless there is specific exemption accorded to the class of documents under Section 9(1)(a) of the Indian Stamp Act, the instrument in question is liable to stamp duty as per Section 3 read with Article 23 of Schedule-1 of the Indian Stamp Act. It is further stated that notification dated 29.6.1966 is not applicable to the present case as, in the present case, the purchase of the property is not relating to the business of the petitioners society. A plea is also taken that the petitioner has not exhausted the remedies available under Sections 40 and 56(1) of the Indian Stamp Act, and, therefore, the writ petition under Article 226 of the Constitution is not maintainable.

15. An objection has been raised in the counter affidavit that the petitioner has not exhausted the alternative remedy. At the time of hearing of the writ petition, such objection has also been faintly urged by the Special Government Pleader appearing on behalf of Respondents 1& 2.

16. According to the respondents 1 and 2, namely, the Collector and the Sub Registrar, alternative remedy under Section 40 of the Indian Stamp Act was available. Section 40 refers to the Collectors power to stamp instruments impounded and is to the following effect :-