G Om Prakash v. The Inspector General Of Registration
WP.No.4557 of 2025 N. ANAND VENKATESH.,J Today, the matter was listed under the caption "for being mentioned" on the ground that there is an inadvertent mistake that has crept in Paragraph No.4 of the order. Therefore, paragraph No.4 of the order dated 20.02.2025 shall be replaced as follows:
4.In the considered view of this Court, the Lok Adalat Award must be considered to be a decree passed by the Court and this Award does not create any right in order to deal with it as a regular document. The same is evident from the Lok Adalat Award that has been passed on 14.12.2024. Hence, the 2nd respondent has to necessarily deal with the Lok Adalat Award like a Court Decree and in which event 1% of the value of the suit property has to be paid as stamp duty and in such an event, the Lok Adalat Award shall be registered by the 2nd respondent. 5.In the result, this writ petition stand 2.The Registry is directed to carry out the necessary corrections in the order and issue fresh order copy.
26.02.2025 kp N. ANAND VENKATESH.,J
kp W.P.No.4557 of 2025 26.02.2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4557 of 2025 Dr.G.Om Prakash ... Petitioner Vs.
1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu 600 028.
2.The Sub Registrar, Pollachi, Coimbatore District.
...
Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call the records in proceedings in RFL/Pollachi/14/2025, dated 04.02.2025, on the file of 2nd respondent and quash the same as illegal, incompetent and further direct the 2nd respondent to register the Lok Adalat Award passed in A.S.29,31,32 and 38 of 2024, dated 14.12.2024 within a stipulated time frame For Petitioner : Mr.J.Jesudas For Respondents : Mr.B.Vijay Additional Government Pleader
O R D E R
This writ petition has been filed challenging the impugned refusal Check Slip dated 04.02.2025 issued by the 2nd respondent and for a consequential direction to the 2nd respondent to register the Lok Adalat Award passed in A.S.Nos.29, 31, 32 and 38 of 2024, dated 14.12.2024. 2.Heard Mr.R.Sripriya, learned counsel appearing on behalf of the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of respondents.
3.There was a dispute between the owner and the developer of the property which resulted in the initiation of civil proceedings. Ultimately, when the matter was pending in appeal, the parties were able to reach a compromise and a Compromise Deed dated 14.12.2024 was entered into and the matter came to be listed before the National Lok Adalat organized by the High Court Legal Services Authority and Lok Adalat Award came to be passed on 14.12.2024. When this Lok Adalat Award was presented for registration, the same was refused to be registered by the 2nd respondent by issuing a refusal Check Slip on the ground that an appropriate stamp duty has to be paid by considering the
same to be a lease agreement and construction agreement entered into between the parties.
4.In the considered view of this Court, the Lok Adalat Award must be considered to be a decree passed by the Court and this Award does not create any right in order to deal with it as a regular document. The same is evident from the Lok Adalat Award that has been passed on 14.12.2024. Hence, the 2nd respondent has to necessarily deal with the Lok Adalat Award like a Court Decree and in which event 1% has to be paid as stamp duty and in such an event, the Lok Adalat Award shall be registered by the 2nd respondent. 5.In the result, this writ petition stands allowed with the above directions. No Costs.
20.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr
N. ANAND VENKATESH, J.
ssr To 1.The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai, Tamil Nadu 600 028.
2.The Sub Registrar, Pollachi, Coimbatore District.
W.P.No.4557 of 2025 20.02.2025