Unimech Industries Pvt.Ltd v. The Chief Conrolling Revenue Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Friday, the First day of November Two Thousand Nineteen PRESENT THE HON`BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CMP No.10374 of 2019 in CMA.No.2313 of 2019 UNIMECH INDUSTRIES PVT.LTD., [ PETITIONER ] REP.BY ITS DIRECTOR ARJUN MAHESH, UR HOUSE, NO.1056-C, 2ND FLOOR, AVINASHI ROAD, COIMBATORE.
Vs 1 THE CHIEF CONROLLING REVENUE [ RESPONDENTS ] AUTHORITY, AND INSPECTOR GENERAL OF REGISTRATION, CHENNAI-28.
2 THE DISTRICT REVENUE OFFICER (STAMPS), COIMABTORE.
3 THE SUB REGISTRAR MADUKKARAI, COIMBATORE.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents to return the Registered Document No.1956/2012 registered on 30.03.2012 (in CMP.No.10374/2019) pending disposal of the above CMA.No.2313/2019.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.A.MUDI MANNAN, Advocate for the petitioner and of MR.T.M.PAPPIAH, Special Government Pleader on behalf of on behalf of the respondent the court made the following order:- The present Civil Miscellaneous Petition has been filed challenging the order passed by the first respondent dated 08.08.2018 in Na.Ka.No.2534/N2/2015, wherein the first respondent has fixed the guideline value at Rs.85 Sq.feet and directed the petitioner herein to pay the difference in stamp duty a period of within two months from the date of the said order. Aggrieved against the same, the Civil Miscellaneous Appeal has been filed. https://hcservices.ecourts.gov.in/hcservices/
2. The present miscellaneous Petition has been filed for a direction to the respondents to return the registered document No.1956 of 2012 registered on 30.03.2012 pending disposal of the above appeal.
3. Learned counsel appearing for the respondent Mr.T.M.Pappiah, Special Government Pleader for Registration submitted that as per the said proceedings, the petitioner had to pay a total sum of Rs. 2,70,32,991/- and after deducting the amount already paid by the petitioner, a sum of Rs.13,70,640/- is due to be paid along with a penalty of Rs. 1,47,581/- totalling to Rs15,18,221/-and if he is ready to pay the said sum, the respondent is willing to release the said documents.
4. Learned counsel appearing for the appellant has agreed to pay the same, after getting the calculation Memo from the Special Government Pleader. He also represented that he is ready to pay the amount under protest, within a period of 2 weeks from the date of receipt of a copy of this order.
5. The issue of payment under protest and release of documents is between the department and the appellant. However, the same is subject to the out come of the Civil Miscellaneous Appeal, which is pending herein as well as appeal filed by the Government, which is pending before the Hon'ble Division Bench.
6. Accordingly, the Civil Miscellaneous petition is closed. Post the main CMA in the usual course.
-sd/- 01/11/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE CHIEF CONROLLING REVENUE AUTHORITY, AND INSPECTOR GENERAL OF REGISTRATION, CHENNAI.
C.C. to M/S.JEYACHANDRAN K. Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in CMP.10374/2019 in CMA.2313/2019 Date :01/11/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(04/11/2019) (IT) https://hcservices.ecourts.gov.in/hcservices/