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Madras High CourtWP/2455/2020dismissed as withdrawal

M.Mustiq Ahamed, v. The Secretary To Government

2021-09-30Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.2455 OF 2020 M.Mustiq Ahamed ... Petitioner -Vs1. The Secretary to Government of Tamil Nadu, Commercial Taxes (J-1 Dept.) Fort.St.George, Chennai - 600 009.

2. The I.G.of Registration, O/o.the I.G.Office, Mylapore, Chennai - 600 004.

3. The Sub-Registrar, Sub-Registrar Office, Thiruchenthur, Tuticorin District.

... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondents 1 and 2 to consider Article 58 of the Indian Stamp Act 1899 and the Explanation Lr.No.4860/J1/98-A, dated 01.03.1999, Secretary to Government, Commercial Taxes (J1) Department, Secretariat, Chennai - 9 and Lr. M.S. No.85, Commercial Taxes and Registration Department dated 10.08.2006, to treat the children of Brothers and Sisters as Family for the purpose of concession to pay Stamp Duty in event of settlement and pass orders accordingly.

For Petitioner :: Mr.M.Liagat Ali For Respondents :: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

The relief sought for in this writ petition is for a direction to the respondents 1 and 2 to consider Article 58 of the Indian Stamp Act 1899 and the Explanation Lr.No.4860/J1/98A, dated 01.03.1999, Secretary to Government, Commercial Taxes (J-1) Department, Secretariat, Chennai - 9 and Lr. M.S. No.85, https://hcservices.ecourts.gov.in/hcservices/

Commercial Taxes and Registration Department dated 10.08.2006, to treat the children of Brothers and Sisters as Family for the purpose of concession to pay Stamp Duty in event of settlement and pass orders accordingly.

2.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that as the claimed amount has been already paid in the Sub-Registrar Office, nothing survives in this matter for further adjudication. Hence, the petitioner sought the permission of this Court to withdraw the petition and submitted a letter to that effect before this Court.

3. In view of the aforesaid submissions made by the learned counsel for the petitioner and recording the letter given by the learned counsel for the petitioner to that effect, this Writ petition is dismissed as withdrawn. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Lbm Copy to:

1.

The Secretary to Government of Tamil Nadu, Commercial Taxes (J-1 Dept.) Fort.St.George, Chennai - 600 009.

2.

The I.G.of Registration, O/o.the I.G.Office, Mylapore, Chennai - 600 004.

3.

The Sub-Registrar, Sub-Registrar Office, Thiruchenthur, Tuticorin District.

+1cc to the Government Pleader, S.R.No.51609 W.P.No.2455 of 2020 PVS(CO) CS/27/10/2021 https://hcservices.ecourts.gov.in/hcservices/