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Madras High CourtWP/33490/2013disposed of

Hotmale Fashions Private v. Inspector General Of

2020-08-27Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.33490 of 2013 Hotmale Fashions Private Ltd., Rep by its Director Mr. Vishal Surana No.1, N.N. Garden Street, 6th Lane, Chennai - 600 021.

... Petitioner .vs.

1. Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2. District Registrar, No.9, Jeans Road, Saidapet, Chennai - 600 015.

3. The Sub Registrar, No.246, N.M. Road, Avadi, Che nnai - 600 054.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondent to refund the sum of Rs.1,08,000/- being the excess amount paid to the 3rd respondent with interest at 18% per annum from 20.12.2012 till date of payment in full with costs. For Petitioners : Mr.V. Bhiman for M/s.Sampathkumar and Associates For Respondents : Mr. P.P. Purushothaman, Government Advocate

O R D E R

The petitioner company has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to refund the sum of Rs.1,08,000/- being the excess amount paid to the 3rd respondent with interest at 18% per annum from 20.12.2012 till date of payment in full with costs.

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2. It is the case of the petitioner company that while registering a lease agreement for a period of 29 years on 20.12.2012, they have paid an excess amount of Rs.1,08,000/- towards registration charges,which they are entitled to get refund.

3. In respect of the lease agreement for a period of 29 years, as per the provisions of the Registration Act, the petitioner company is liable to pay only a sum of Rs.20,000/- as registration charges. When the petitioner company have paid a total sum of Rs.1,28,000/- towards registration charges, they are entitled to get refund of the excess amount of Rs.1,08,000/-. In such view of the matter, I direct the respondents to refund the sum of Rs.1,08,000/- being the excess amount paid by the petitioner company, within a period of three weeks from the date of receipt of a copy of this order. With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2. District Registrar, No.9, Jeans Road, Saidapet, Chennai - 600 015.

3. The Sub Registrar, No.246, N.M. Road, Avadi, Chennai - 600 054.

+1 cc to Mr.Sampathkumar & Associates Sr.No.27933 +1 cc to the Government Pleader Sr.No.28341 W.P.No.33490 of 2013 pvs (co) rr ii (09/09/2020) https://hcservices.ecourts.gov.in/hcservices/