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Madras High CourtWP/9108/2025disposed of

V.Saravanan v. The Inspector General Of Registration

2025-03-19Honourable Mr Justice N. Anand Venkatesh5 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. V.Saravanan Petitioner(s) Vs

1. The Inspector General Of Registration No. 100 Santhome High Road, Chennai 28 2.The District Registrar, District Registrar Office, Namakkal District 3.The Sub Registrar Sub Registrar Office, No. 91/25 Thepakulam Street, Near Anna Salai, Tiruchengode 637 211.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to refund the stamp

2/5 duty of Rs.16,81,100/- (Rupees sixteen lakhs eighty two thousand and one hundred only) and excess registration fee of Rs.2,40,300/- (Rupees two lakhs forty thousand and three hundred only) totally summing Rs. 19,22,400/- (Rupees nineteen lakhs twenty two thousand and four hundred only) which has been collected by the 3rd respondent in respect of the sale certificate, issued by the Asset Reconstruction company (India) Limited, under SARFAESI Act 2002, registered as Document No.8252/2024 within a time limit stipulated by this Court.

For Petitioner(s):

Ms.V.Gopika For Respondent(s):

Mr.B.Vijay Additional Government Pleader for R1 to R3

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 2 nd respondent to consider the representation made by the petitioner on 11.02.2025, wherein, the petitioner is seeking for the refund of the stamp duty paid to the 3 rd respondent while the Sale Certificate was presented before the 3 rd respondent and which was registered without following the procedure under Section 89(4) of the Registration Act, 1908.

3/5 2.Heard Ms.V.Gopika, learned counsel appearing on behalf of the petitioner and Mr.B.Vijay, learned Additional Government Pleader appearing on behalf of respondents 1 to 3.

3.Taking into consideration the stand that has been taken by the petitioner and without going into the merits of the case, there shall be a direction to the 2 nd respondent to deal with the representation made by the petitioner on 11.02.2025, on its own merits and in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of copy of this order. 4.This writ petition is disposed of with the above directions. No Costs. 19-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

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1. The Inspector General Of Registration No. 100 Santhome High Road, Chennai 28 2.The District Registrar, District Registrar Office, Namakkal District 3.The Sub Registrar Sub Registrar Office, No. 91/25 Thepakulam Street, Near Anna Salai, Tiruchengode 637 211.

5/5 N.ANAND VENKATESH J.

ssr 19-03-2025