Madras High CourtWP/6987/2018disposed of

R.Krishnan, S/O.Ramasamy v. Inspector General Of

2018-03-26Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6987 of 2018 R.Krishnan .. Petitioner Vs.

1.The Inspector General of Registration and Chief Controlling Revenue Authority No.100, Santhome High Road, Chennai-600 028.

2.The Special Deputy Collector (Stamps) District Revenue Officer V Floor, Singaravelar Maligai 32, Rajaji Salai, Chennai-600 001.

3.The Sub Registrar Red Hills SRO Chennai-600 052.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to release the sale deeds bearing Doc.No.13065/2011 on the file of the 3rd respondent herein on payment of 2/3rd of difference stamp duty as per the G.O.Ms.No.189, Commercial Taxes and Registration (J1) dated 29.12.2017 and the same was published in Tamil Nadu Government Gazette dated 03.01.2018. For Petitioner : Mr.S.Sudalaiyandi For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to release the sale deed bearing Document No.13065/2011, on payment of 2/3rd of difference stamp duty as per G.O.Ms.No.189, Commercial Taxes and Registration (J1), dated 29.12.2017.

3. It is stated that the petitioner has purchased the property, which is the subject matter of the sale deed registered as Document No.13065/2011 on the file of the third respondent. Now, the petitioner wants the document to be released on payment of 2/3rd of difference stamp duty, as per the scheme formulated in G.O.Ms.No.189, Commercial Taxes and Registration (J1), dated 29.12.2017. Ventilating such option, the petitioner has already made a request on 19.03.2018.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the third respondent to consider the said request of the petitioner and pass appropriate orders on the same on merits and in accordance with law, also by taking note of the scheme formulated in the above said G.O.Ms.No.189, dated 29.12.2017. Thus, this writ petition is disposed of, by directing the third respondent to consider the request of the petitioner and pass appropriate orders as stated supra, within a period of six weeks from the date of receipt of a copy of this order. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vri To 1.The Inspector General of Registration and Chief Controlling Revenue Authority No.100, Santhome High Road, Chennai-600 028.

2.The Special Deputy Collector (Stamps) District Revenue Officer V Floor, Singaravelar Maligai 32, Rajaji Salai, Chennai-600 001.

3.The Sub Registrar Red Hills SRO Chennai-600 052.

+1 CC to Mr.S.Sudalaiyandi, Advocate Sr.No.22657 +1 CC to Government Pleader, High Court, Chennai Sr.No.23374 W.P.No.6987 of 2018 SVI(CO) KP(06/04/2018)