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Madras High Court/2865/2025allowed

The Chief Controlling Revenue Authority-Cum- Inspector General Of Registration, v. Sunspaze Infrastructure Private Limited,

2025-10-13Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.A.No. 2865 of 2025 and C.M.P.No.23197 of 2025 1.The Chief Controlling Revenue Authority - cum - Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, Registration Department, Kancheepuram High Road, Chengalpattu.

3.The Joint Sub-Registrar, Office of Sub-Registrar, Kancheepuram High Road, Chengalpattu.

...Appellants Vs.

1.Sunspaze Infrastructure Private Limited, A Company registered under Companies Act, Having office at No.332/7, Suraj Ganga Arcade, 3rd Floor, 14th Cross, 2nd Block, Jayanagar, Bengaluru - 560 011 and Represented by its Authorised Signatory Sachin Suresh.

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2.M/s.Mahindra World City Developers Limited, A Company registered under the Companies Act, Having its office at Administrative Block, Central Avenue, Mahindra World City, Mahindra World City Sub (PO), Chengalpet Taluk and District - 603 004.

...Respondents

PRAYER: The Writ Appeal filed under Clause 15 of the Letters Patent praying to set aside the order dated 19.11.2024 passed in W.P.No.29740 of 2024. For Appellants : Mr.J.Ravindran, Addl. Advocate General Assisted by Mr.U.Baranidharan, Spl. Govt. Pleader For Respondents : Mr.R.Bharath Kumar for R1 Mr.Srinath Sridevan, Sr. Counsel For Mrs.Aiswarya S.Nathan for R2 *****

J U D G M E N T

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present intra-Court appeal has been instituted challenging the writ order dated 19.11.2024 passed in W.P.No.29740 of 2024.

2. The Writ Petition has been instituted seeking a Writ of Mandamus directing the official respondents/ appellants herein to refund stamp duty of a sum of Rs.5,68,195/- to the petitioner/ 1st respondent herein, which was 2/6

collected at the time of registration of the Sub-Lease deeds dated 03.01.2024 and registered on 21.03.2024 bearing Doc.Nos.3597 of 2024 and 3598 of 2024 in the office of the 3rd respondent/ 3rd appellant herein despite receipt of the Writ petitioner's/ 1st respondent's representation dated 17.06.2024.

3. The learned Additional Advocate General on instructions would submit that the competent Authorities are in the process of scrutinizing the documents presented for registration and applicability of exemption clause for the purpose of considering the application submitted by the respondents seeking refund of stamp duty already paid. It is further contended that the final decision will be taken and a speaking order will be passed in one week.

4. The Writ Petition has been instituted seeking a direction to refund the stamp duty. Since the Authorities have now decided to pass a speaking order, it would be inappropriate for this Court to direct the Authorities to consider the issues and take a decision.

5. In view of the said position, the writ order impugned is set aside. The Writ Appeal stands allowed with a direction to the 1st appellant to consider the application submitted by the respondent seeking refund of stamp duty and pass orders on merits and in accordance with law within a period of two (2) weeks from the date of receipt of a copy of this order. 3/6

6. With the above direction, this Writ Appeal stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S., J.) (M.S.Q., J.) 13.10.2025 dsa Index :Yes/No :Yes/No Speaking/Non-speaking order 4/6

To 1.The Chief Controlling Revenue Authority - cum - Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.

2.The District Registrar, Registration Department, Kancheepuram High Road, Chengalpattu.

3.The Joint Sub-Registrar, Office of Sub-Registrar, Kancheepuram High Road, Chengalpattur.

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S.M.SUBRAMANIAM, J.

and MOHAMMED SHAFFIQ, J.

dsa W.A.No. 2865 of 2025 13.10.2025 6/6