S.Venugopal v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.972 of 2020 S.Venugopal

...Petitioner

Vs

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028, Tamil Nadu, India

2. The District Collector, Rajaji Salai, Chennai - 600 001.

3. The District Revenue Officer (Stamps), Rajaji Salai, Chennai - 600 001.

4. The Sub Registrar, Tambaram, Chennai - 600 045.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refund the excessive amount of Rs.2,03,500/-, which was paid by the petitioner while registering the sale deed dated 03.09.2012, bearing document No.3879 of 2012, on the file of SRO at Tambaram based on petitioner's representation sent to the first respondent on 25.03.2019 and 05.11.2019. For Petitioner : Mr.B.Pachaimuthu For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1, R3 & R4) : Mr.S.Rajesh Government Advocate (for R2)

O R D E R

This writ petition is filed to issue a Writ of Mandamus to direct the respondents to refund the excessive amount of Rs.2,03,500/-, which was paid by the petitioner while registering the sale deed dated 03.09.2012, bearing Document No.3879 of 2012, on the file of SRO at Tambaram, based on petitioner's representation sent to the first respondent on 25.03.2019 and 05.11.2019.

2. While issuing notice in this Writ Petition, this Court recorded the statement made by the respondents that the application of the petitioner to refund the excessive stamp duty be considered and orders be passed within a period of two months. Accordingly, the first respondent, letter dated 19.02.2020, ordered refund of the excessive stamp duty of Rs.2,03,500/- paid by the petitioner for Document No.3879 of 2012 on the file of the fourth respondent. However, even till date, the petitioner was not paid the excessive stamp duty.

3. Considering the above facts and submissions so made thereon, the third respondent is directed to refund the excessive stamp duty of Rs.2,03,500/- to the petitioner, as ordered by the first respondent dated 19.02.2020, within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kv To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028, Tamil Nadu, India

2. The District Collector, Rajaji Salai, Chennai - 600 001.

3. The District Revenue Officer (Stamps), Rajaji Salai, Chennai - 600 001.

4. The Sub Registrar, Tambaram, Chennai - 600 045.

+1cc to the Government Pleader, S.R.No.1092, 1053 W.P.No.972 of 2020 PL(CO) KKV/01/02/2022