M/S.Annai Builders And Real Estates Pvt Ltd v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.3705, 3709 & 3715 OF 2022 M/s.Annai Builders & Real Estates Pvt.Ltd., Represented by its Authorised Signatory, Mrs.S.Vedavalli, No.76, Medavakkam Main Road, Madipakkam, Chennai - 600 091.
... Petitioner in all W.Ps Vs.
1. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
2. The District Registrar (Admn.), Tindivanam, Villupuram District.
3. The Sub Registrar, Avaraipakkam, Roshanai, Tindivanam Villupuram District-604 001.
... Respondents in all W.Ps Prayer in W.P.No.3705 of 2022: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to forthwith release pending document Nos.289 of 2021 dated 02.02.2021, 2 of 2021 dated 08.02.2021, 7 of 2021 dated 01.03.2021, 1100 of 2021 dated 05.04.2021, 1101 of 2021 dated 05.04.2021 & 1388 of 2021 dated 03.05.2021.
Prayer in W.P.No.3709 of 2022: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to forthwith receive and register conveyance in respect of the residential lay outs developed by the petitioner at Brahmma Nagar Phase 1, 2 & 3 comprised in Survey Nos. 144/3C, 144/3D part, 144/4, 144/7, 144/8 part, 144/9, 144/10, 145/4, 145/5 part, 145/7A, 146/1, 146/2A, 146/3A,
148/2, 148/3 and 148/4 and S.Nos.142/1, 144/1A, 144/1B, 144/1C, 144/1D, 144/2, 144/3A, 145/1, 145/2, 145/3 and 148/1 part Brammadesam village, Marakkanam Panchayat Union, Tindivanam Taluk, Villupuram District.
Prayer in W.P.No.3715 of 2022:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith determine and re-fix the guideline value of the properties comprised in Survey Nos. 144/3C, 144/3D part, 144/4, 144/7, 144/8 part, 144/9, 144/10, 145/4, 145/5 part, 145/7A, 146/1, 146/2A, 146/3A, 148/2, 148/3 and 148/4 at Brammadesam village, Marakkanam Panchayat Union, Tindivanam Taluk, Villupuram District, admeasuring 9.50 acres, S.Nos. 144/1A, 144/1B, 144/1C, 144/1D, 144/2, 144/3A, 145/1, 145/2, 145/3 and 148/1 part admeasuring 9.75 acres at Brammadesam village, Marakkanam Panchayat Union, Tindivanam Taluk, Villupuram District.
For petitioner :
Mr.S.Ramesh (in all W.Ps) For Respondents :
Mr.Yogesh Kannadasan (in all W.Ps) Special Government Pleader COMMON ORDER The petitioner has filed this petition seeking a direction to the third respondent to forthwith release pending document Nos.289 of 2021 dated 02.02.2021, 2 of 2021 dated 08.02.2021, 7 of 2021 dated 01.03.2021, 1100 of 2021 dated 05.04.2021, 1101 of 2021 dated 05.04.2021 & 1388 of 2021 dated 03.05.2021
2. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioners are developers, they developed a layouts in the Survey Nos. 144/3C, 144/3D part, 144/4, 144/7, 144/8 part, 144/9, 144/10, 145/4, 145/5 part, 145/7A, 146/1, 146/2A, 146/3A, 148/2, 148/3, admeasuring to an extent of 9.50 acres and S.Nos. 144/1A, 144/1B, 144/1C, 144/1D, 144/2, 144/3A, 145/1, 145/2, 145/3 and 148/1 part admeasuring 9.75 acres. Thereafter, they presented before the third respondent for registration of the documents of
the said properties. However, the respondent kept the documents pending on the premises that guidelines were not fixed. The said documents are pending before the registering authority for more than a year. However, till date guidelines were not fixed and the documents were not registered. Hence the present Writ Petition has been filed by the petitioner for the above relief.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the second respondent to fix the guidelines within a period of 2 weeks and thereafter fixing of the guidelines the second respondent is directed to receive the document and pass appropriate orders within a time frame that may be fixed by this Court.
5. The learned Additional Government Pleader appearing for the respondents submits that whatever the documents presented by the petitioner and the purchaser are entertained on payment of requisite Stamp Duty by the petitioner and guidelines were fixed in the meanwhile, by the respondents within the time frame that may be fixed by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the second respondent to fix the guideline value within a period of four weeks from the date of receipt of a copy of this order. Thereafter, third respondent is directed to entertain the document presented by the petitioner pass appropriate orders within a period of eight weeks thereafter on payment of requisite Stamp Duty in terms of the Registration Act.
7. Accordingly, these writ petitions are disposed of with the aforesaid direction. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tri/nhs To
1. The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
2. The District Registrar (Admn.), Tindivanam, Villupuram District.
3. The Sub Registrar, Avaraipakkam, Roshanai, Tindivanam Villupuram District-604 001.
+1cc to M/s.S.Ramesh, Advocate, S.R.No.12465 +1cc to the Government Pleader, S.R.No.13041 W.P.No.3705, 3709 & 3715 of 2022 PMK(CO) RLP(21/03/2022)