R.Tamilselvan v. The Inspector General Of Registration
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH R.Tamilselvan Petitioner(s) Vs
1. The Inspector General of Registration No. 100, Santhome High Road, Raja Annamalai Puram, Chennai 600 028.
2.The Additional Inspector General of Registration (Stamps And Registration) 100 Santhome Road, Chennai 600 028.
3.The Deputy Inspector General of Registration Integrated Building of Registration Department, Vepamara Street, Velappadi, Vellore 632 001.
4.The District Registrar Integrated Building of Registration Department, Veppamara Street, Velappadi, Ranipet 632 401.
2/6 5.The Sub Registrar 230, 5th Gandhi Road, Swalpet, Arakonam 631 001.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, Directing the respondents to refund the sum of Rs.2,05,333/- paid by the petitioner for the registration of the sale deed dated 18.10.2023 on the file of the 4th respondent under various heads including stamp duty and registration charges, within the time stipulated by this Court, to the petitioner.
For Petitioner(s):
Mr.M.A.Arshad For Respondent(s):
Mr.U.Baranidharan Special Government Pleader for R1 to R5
ORDER
This writ petition has been filed for issue of writ of mandamus directing the respondent to refund a sum of Rs.2,05,333/- paid by the petitioner towards the registration of the Sale Deed dated 18.10.2023 which includes the stamp duty and registration charges.
3/6 2.Heard Mr.M.A.Arshad, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondents.
3.The Sale Deed was executed in favour of the petitioner on 18.10.2023 by the Power of Attorney Agent of one Akim Sam Kutti. The same was presented for registration before the 4 th respondent after paying the necessary stamp duty and registration charges. The document was kept pending as a pending document due to the objections raised by the owner of the property viz., Akim Sam Kutti against the Power Agent. In view of the same, the 4 th respondent refused to register the document and returned the document on 30.01.2024. Thereafter, the sale transaction did not go through and therefore, the petitioner is seeking for the refund of a sum of Rs.2,05,333/- paid by the petitioner towards the various heads including stamp duty and registration charges.
4/6 4.In the considered view of this Court, the Sale Deed itself was not registered and the sale did not go through. Therefore, the petitioner will be entitled for the refund of the amount in line with Rule 178 of the Registration Rules.
5.In view of the above, there shall be a direction to the 4 th respondent to refund the stamp duty and the registration charges paid by the petitioner, within a period of four weeks from the date of receipt of copy of this order. 6.This writ petition is disposed of with the above directions. No Costs. 11-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
5/6 To
1. The Inspector General of Registration No. 100, Santhome High Road, Raja Annamalai Puram, Chennai 600 028.
2.The Additional Inspector General of Registration (Stamps And Registration) 100 Santhome Road, Chennai 600 028.
3.The Deputy Inspector General of Registration Integrated Building of Registration Department, Vepamara Street, Velappadi, Vellore 632 001.
4.The District Registrar Integrated Building of Registration Department, Veppamara Street, Velappadi, Ranipet 632 401. 5.The Sub Registrar 230, 5th Gandhi Road, Swalpet, Arakonam 631 001.
6/6 N.ANAND VENKATESH J.
ssr 11-03-2025