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Madras High CourtWP/6302/2017disposed of

Ct.Arunachalam, v. Government Of Tamil Nadu

2017-10-12Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.6302 of 2017 CT.Arunachalam .. Petitioner Vs.

1. Government of Tamil Nadu, rep. by its Home Secretary, Fort St.George, Chennai - 600 009

2. The Chairman, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai - 600 005.

3. The Sub-Registrar, Anna Nagar Sub Registrar Office, No.685, D Block, 2nd Street, Anna Nagar West Extension, Chennai, Tamil Nadu 600 101 .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent to register the sale Deed to be executed by the petitioner and other co-owners whilst exempting the stamp duty and registration fees thereof and in the alternative directing the 1st respondent to issue a Government Order exempting stamp duty and registration fee in the matter of purchase of the land viz., Undivided share of 18 cents out of 36 cents in Old Survey No.22/1, New Survey No.4/3 situate in West Indra Rani Nagar, (TNHB Flats), T.P.Chattiram 27th street, West Side, Chennai - 600 030, within the Registration District of Chennai Central and Sub-Registration District of Anna Nagar by the 2nd respondent whilst the execution of the sale Deed is to be done by the petitioner and his co-owners in favour of the 2nd respondent.

For Petitioner : Mr.PL.Narayanan For Respondents : Mr.A.Kumar, Special Government for R1 and R3

O R D E R

The petitioner seeks for the following relief: To direct the 3rd respondent to register the sale Deed to be executed by the petitioner and other co-owners whilst exempting the stamp duty and registration fees thereof and in the alternative directing the 1st respondent to issue a Government Order exempting stamp duty and registration fee in the matter of purchase of the land viz., Undivided share of 18 cents out of 36 cents in Old Survey No.22/1, New Survey no.4/3 situate in West Indra Rani Nagar, (TNHB Flats), T.P.Chattiram 27th street, West Side, Chennai - 600 030, within the Registration District of Chennai Central and Sub-Registration district of Anna Nagar by the 2nd respondent whilst the execution of the sale Deed is to be done by the petitioner and his co-owners in favour of the 2nd respondent.

2. Though such relief is sought for in the writ petition, Mr.PL.Narayanan, learned counsel appearing for the petitioner submitted that suffice a direction is issued to the 1st respondent to consider the representation of the petitioner dated 20.01.2017 and pass orders on the same on merits and in accordance with law within a reasonable time.

3. Whether the petitioner is entitled for the relief sought for in the said representation is for the 1st respondent to consider and decide and therefore, this Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner. Thus, the writ petition is disposed of only with a direction to the 1st respondent to dispose of the said representation on merits and in accordance with law after giving due opportunity of hearing to the petitioner as well. Such exercise shall be done by the 1st respondent within a period of six weeks from the date of receipt of copy of this order. No costs.

/sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar vsi

To

1. The Home Secretary to Government, Fort St.George, Chennai - 600 009

2. The Chairman, Tamil Nadu Slum Clearance Board, Kamaraj Salai, Chennai - 600 005.

3. The Sub-Registrar, Anna Nagar Sub Registrar Office, No.685, D Block, 2nd Street, Anna Nagar West Extension, Chennai, Tamil Nadu 600 101 +1 CC to Mr. P.L. Narayanan, Advocate Sr.No. 73822 +1 CC to Govt., Pleader , Advocate Sr.No. 74186 W.P.No.6302 of 2017 RK (CO) MD: 28/10/2017