Nabanita Choudhury, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2015

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.24002 of 2015 Nabanita Choudhury

...Petitioner

Vs 1 The Inspector General of Registration No.100 Santhome High Road Foreshore Estate Chennai-600 028.

2 The Sub-Registrar Pallavaram 2nd Main Road New Colony Chromepet Chennai-600 044.

...Respondents

Writ Petition under Article 226 of the Constitution of India praying for a writ of mandamus directing the repondents to return the excess amount of Rs.9 000/- collected from the petitioner together with interest at 18% p.a. from 01.09.2014 till date of payment in full For petitioners :

Mr. V. Bhiman for M/s. Sampath Kumar and Asso.

For respondent :

Mr. A. Kumar, Spl.G.P.

ORDER

By consent, the main writ petition is taken up for final hearing. 2.

The petitioner would state that she has executed a registered General Power of Attorney on 01-09-2014 in favour of her mother viz., Mallika Debgupta vide registered document No.7546 of 2014 on the file of the office of the Sub-Registrar, Pallavaram. The petitioner submits that at the time of registering the General Power of Attorney, the then Sub-Registrar refused to register the same, unless the petitioner pays a sum of Rs.10,000/- as registration https://hcservices.ecourts.gov.in/hcservices/

charges, which was only Rs.1000/- as per the guidelines of the Tamil Nadu Registration Act, and left with no option the petitioner paid the sum and got the document registered. Thereafter, she submitted a representation dated 04-03-2015 praying for refund of the excess amount of Rs.10,000/- collected towards registration charges and the first respondent sent a communication, dated 15-04-2015 addressed to the District Registrar (Administration) to take necessary action on the representation and in turn, the said official has addressed a letter dated 07-06-2015 to the second respondent, marking a copy to the petitioner. Since till date there is no response, the petitioner has come forward to file this writ petition.

2.

Though the petitioner prayed for a larger relief, this Court without going into the claim projected by the petitioner, directs the second respondent to act on the letter, bearing No.13229/C1/2015 dated 15-04-2015, of the first respondent in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

3.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar glp To 1 The Inspector General of Registration No.100 Santhome High Road Foreshore Estate Chennai-600 028.

2 The Sub-Registrar Pallavaram 2nd Main Road New Colony Chromepet Chennai-600 044 1CC to Govt. Pleader SR 40927 W.P.No.24002 of 2015 RV [CO] PSI 07.08.2015 https://hcservices.ecourts.gov.in/hcservices/