M/S.Alliance Housing Chennai v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.13261 of 2016 M/s.Alliance Housing Chennai, Represented by its Partner, Alliance Infrastructure Projects Private Limited, Rep.by Mr.S.Parthasarathi(GM Operations), Plot No.'A' No.36/1, Gandhi Mandapam Road, Kotturpuram, Chennai-600 086.

... Petitioner Vs.

1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2. The District Registrar, Chengalpattu.

... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first respondent to dispose of the appeal dated 23.02.2016 preferred against the order No.Na.Ka.No.5607/A2/2015, dated 16.12.2015 of the District Registrar, Chengalpattu. For Petitioner : Mr. S.Sethuraman For Respondents : Mr.K.Thangapandi Govt. Advocate

ORDER

The petitioner has come forward with this Writ Petition seeking for a mandamus upon the first respondent to dispose of the appeal dated 23.02.2016 preferred against the order No.Na.Ka.No.5607/A/2015, dated 16.12.2015 of the District Registrar, Chengalpattu.

2. According to the petitioner, he is the General Manager /Authorised Signatory of the petitioner Firm, viz., Alliance Group of Companies,who is one of the leading Real

Estate Promoters and Builders in India and recently, they have launched a layout known as "Alliance Villa Belvedere" Project in Vallam Village, Sriperumbudur Taluk, Kancheepuram District. Nearly 388 Plots have been earmarked in the layout for public sale and the sale price of a plot measuring 1200 sq.ft works out to 28.80 lakhs per ground. Out of 388 plots, 118 plots have been sold out between July 2015 and March 2016 and documents have been submitted for registration. However, the Sub Registrar has kept the documents pending for determination of the value under Section 47A of the Indian Stamp Act and the matter was then referred to the District Registrar for determination of the value of the land.

In the interregnum, the Sub Registrar refused to register the documents, hence the petitioner approached this Court by way of filing Writ Petition in W.P.No.40991 seeking for a direction to the District Registrar to determine the value of the plots, wherein, an interim application was filed for a direction to receive and continue registration of plots. After receipt of notice in the said writ Petition, the Sub Registrar, Sriperumbudur, though started registering the sale deeds, kept the same in pending without releasing the sale deeds.

3. It is the grievance of the petitioner that the 2nd respondent viz., the District Registrar, Chengalpattu, by an order dated 16.12.2015 determined the value at Rs.1950/- per sq. ft., without any basis or reason. Challenging the value fixed by the 2nd respondent, the petitioner preferred an appeal before the 1st respondent viz., the Inspector General of Registration on 23.2.2016 and the same is kept pending till date.

4. It is the further grievance of the petitioner that as the Sub Registrar is not releasing the documents which are kept pending under Section 47A of the Indian Stamp Act, now the purchasers of the land from the petitioner company are insisting on return of the documents which are kept pending, determination of the value in the appeal and unless the 1st respondent is directed to dispose of the appeal within a time frame, the petitioner will be put to great hardship and loss. Hence he filed the present Writ Petition.

5. I have heard the submissions made on either side and perused the typed set of papers.

6. Considering the nature of the relief sought for in this Writ Petition, this Court, without going into the merits of the case, directs the 1st respondent viz., the Inspector General of Registration, Chennai to dispose of the appeal preferred by the petitioner against the order of the 2nd respondent dated 16.12.2015 within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ petition is disposed of. No costs.

msr s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

2. The District Registrar, Chengalpattu.

+ 1 cc to M/s.S.Sethuraman, Advocate SR 22382 + 1 cc to Govt.Pleader SR 22477 ug(co) prk30/5 W.P.No.13261 of 2016