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Madras High CourtWP/33984/2017disposed of

P. Balachander v. The Chief Controlling Revenue

2018-02-02Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.33984 of 2017

1. Mr.P.Balachander

2. Ms.P.Padma Priya ... Petitioners versus

1. The Chief Controlling Revenue Authority, And Inspector General of Registration, Santhome High Road, Chennai 600 028.

2. The District Registrar, O/o.The District Registrar, Central Chennai, Chennai.

3. The Sub Registrar, (District Registrar Cadre), O/o. The Sub Registrar, Kodambakkam, Chennai 600 026

4. P.Indira (R4 impleaded vide order 11.01.2018 by KRCBJ in WMP NO.465 of 2018 in WP No.33984 of 2017)

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second respondent to dispose of the petitioners' representation dated 21.04.2017 by registering document No.P52 of 2015, and return the document to the petitioners without insisting upon payment of additional stamp duty and registration fee as demanded in the notice dated 25.03.2015 of the third respondent. For Petitioner : Mr.S.Dhayaleswaran For Respondents: Mr.R.Govindasamy, Special Government Pleader for R1 to R3 Mr.R.Mohan for R4

O R D E R

The petitioners seek for a mandamus directing the 2nd respondent to dispose of this representation dated 21.04.2017, wherein and whereby, they sought for registering the document namely., Settlement Deed without insisting upon the payment of additional stamp duty and registration fees as demanded in the notice dated 25.03.2015.

2.

After notice, the learned Special Government Pleader appearing for respondents 1 to 3 would submit that the representation made by the petitioners on 21.04.2017 will be considered and appropriate orders will be passed on merits and in accordance with law within a time frame fixed by this Court. 3.

Heard both sides.

4.

Considering the above stated facts and circumstances, without expressing any view on the merits of the claim made by the petitioners, this writ petition is disposed of, by directing the third respondent to pass orders on the representation made by the petitioners on merits and in accordance with law, after giving due opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of copy of this order. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Chief Controlling Revenue Authority, And Inspector General of Registration, Santhome High Road, Chennai 600 028.

2. The District Registrar, O/o.The District Registrar, Central Chennai, Chennai.

3. The Sub Registrar, (District Registrar Cadre), O/o. The Sub Registrar, Kodambakkam, Chennai 600 026 +1cc to Mr.S.Dhayaleswaran, Advocate Sr.No.8079 +1cc to Government Pleader Sr.no.8747 GP(CO) sm:2.3.2018 W.P.No.33984 of 2017