Annamalai Finance v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.32145 of 2017 Annamalai Finance Corporation, Shyamala Towers, 136, Arcot Road, Saligramam, Chennai-600 093 represented by tis Managing Partner Mr.Ramasamy Annamalai .. Petitioner Vs.
1. The State of Tamil Nadu, rep. By its Secretary, Commercial Tax and Registration Department, Fort St.George, Chennai 600 015.
2. The Inspector General of Registration, Government of Tamil Nadu, 100, Santhome High Road, Chennai - 600 004.
3. The District Registrar, (Registration), Chennai South, Shop No.9, Jenis Road, Saidapet, Chennai - 600 015.
4. Sub registrar of Virugambakkam, Sub Registrar Office, School 1st Cross Street, Rajeswari Nagar, Virugambakkam, Chennai - 600 092.
5. VIACOM 18 Media kPvt.Ltd., Apeejay Business Centre, Apeejay House, 39,/12, Haddow Road, Nungambakkam, Chennai - 600 006.
.. Respondents
PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondent No.3 to register the Lease Deed dated 06.11.2017 executed between the petitioner and Respondent No.4 with respect to the property, upon presentment and payment of applicable stamp duty and registration fee.
For Petitioner : Mr.G.Rajkumar for Mr.Krishnan For Respondents : Mr.P.Senthilvel, Government Advocate for R1 to R4.
O R D E R
Mr.P.Senthilvel, learned Government Advocate takes notice for the respondents 1 to 4. Since the 5th respondent is the lessee under the writ petitioner, who is a lessor, notice to the 5th respondent is dispensed with, as they are only formal parties.
2. The petitioner seeks for a Mandamus directing the 3rd respondent to register the lease deed dated 06.11.2017 executed between the petitioner and the 5th respondent in respect of the subject matter property.
3. The grievance of the petitioner is that even though such lease deed dated 06.11.2017 was presented for registration before the 4th respondent, the 4th respondent is not passing any orders either registering the said document or returning the same with any justifiable reason.
4. According to the petitioner, the 4th respondent is keeping quiet after receiving the said document without exercising his official functions in accordance with law. Therefore, the learned counsel for the petitioner submitted that a direction may be issued to the 4th respondent to act in accordance with law in respect of the lease deed presented by the petitioner for registration and pass appropriate orders on merits, without keeping the matter pending in the absence of any valid reason.
5. This Court, at this stage, is not expressing any view on the merits of the matter as it is for the 4th respondent to consider and decide and pass appropriate orders without loss of further time. Accordingly, this writ petition is disposed of by directing the 4th respondent to pass orders on the lease deed dated 06.11.2017 presented by the petitioner for registration on
merits and in accordance with law within a period of two weeks form the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To
1. The State of Tamil Nadu, rep. By its Secretary, Commercial Tax and Registration Department, Fort St.George, Chennai 600 015.
2. The Inspector General of Registration, Government of Tamil Nadu, 100,Santhome High Road, Chennai - 600 004.
3. The District Registrar, (Registration), Chennai South, Shop No.9, Jenis Road, Saidapet, Chennai - 600 015.
4. Sub registrar of Virugambakkam, Sub Registrar Office, School 1st Cross Street, Rajeswari Nagar, Virugambakkam, Chennai - 600 092.
+1 cc to M/s.Krishna and Krishna Advocate sr 88332 +1 cc to Govt Pleader sr 88784 W.P.No.32145 of 2017 aa15/12/2017