A.J.Razack v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.14567 and 14708 of 2021 A.J.Razack ... Petitioner (in both WPs) vs.
1. The Inspector General of Registration No.100, Santhome High Road Raja Annamalai Puram Chennai - 600 028.
2. The District Registrar Chennai South SIDCO Electronics Complex Guindy Chennai - 600 032.
3. The Sub-Registrar Neelankarai Sub-Registrar Office 1/71 1st floor, Kazura Garden Neelankarai Chennai - 600 041.
... Respondents (in both WPs) Prayer in W.P.No.14567 of 2021:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to return/refund the amount sum of Rs.28,31,575/- (Rupees twenty eight lakh thirty one thousand and five seventy five only) (registration fees Rs.10,29,700/- (Ten Lakh Twenty Nine Thousand Seven Hundred Only) and excess stamp duty sum of Rs.18,01,875/- (Rupees eighteen lakh one thousand eight hundred and seventy five only) which is the excess amount collected by the 3rd Respondent, Sub-Registrar, Neelankarai, during the registration of the document No.4782/2021.
Prayer in W.P.No.14708 of 2021:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to return/refund the registration fee sum of Rs.98,853/- (Ninety eight thousand eight hundred and fifty three only) and excess stamp duty sum of Rs.1,72,973/-(Rupees one lakh seventy two thousand nine hundred and seventy three only), total amount sum of Rs.2,71,826/- (Rupees two lakhs seventy one thousand and eight hundred twenty six only) which is the excess amount collected by the 1st Respondent during the registration of the document No.4783/2021.
For Petitioner : Mr.M.Palanivel (in both WPs) For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (in both WPs) COMMON ORDER These writ petitions have been filed for the following prayers:- (i) to direct the respondents to return/refund the amount sum of Rs.28,31,575/- (Rupees twenty eight lakh thirty one thousand and five seventy five only) (registration fees Rs.10,29,700/- (Ten Lakh Twenty Nine Thousand Seven Hundred Only) and excess stamp duty sum of Rs.18,01,875/- (Rupees eighteen lakh one thousand eight hundred and seventy five only) which is the excess amount collected by the 3rd Respondent, Sub-Registrar, Neelankarai, during the registration of the document No.4782/2021; and (ii) to direct the respondents to return/refund the registration fee sum of Rs.
98,853/- (Ninety eight thousand eight hundred and fifty three only) and excess stamp duty sum of Rs.1,72,973/-(Rupees one lakh seventy two thousand nine hundred and seventy three only), total amount sum of Rs.2,71,826/- (Rupees two lakhs seventy one thousand and eight hundred twenty six only) which is the excess amount collected by the 1st Respondent during the registration of the document No.4783/2021.
2. Considering the limited relief sought for in these petitions, without expressing any opinion on merits of these
writ petitions, the 1st respondent is directed to conduct enquiry on the representation dated 19.06.2021 made by the petitioner, after issuance of notice to the petitioner and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
3. With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dm To
1. The Inspector General of Registration No.100, Santhome High Road Raja Annamalai Puram Chennai - 600 028.
2. The District Registrar Chennai South SIDCO Electronics Complex Guindy Chennai - 600 032.
3. The Sub-Registrar Neelankarai Sub-Registrar Office 1/71 1st floor, Kazura Garden Neelankarai Chennai - 600 041.
+1cc to the Government Pleader, S.R.No.67513 W.P.Nos.14567 and 14708 of 2021 BP(CO) CT 04/01/2022