K.Krishnamoorthy, v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2017
CORAM
THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.28450 of 2017 K.Krishnamoorthy ... Petitioner vs.
1.
The Inspector General of Registration No.100 Santhome High Road, Pattinapakkam, Chennai.
2.
The Dsitrict Registrar No.1/3, Vignesh Complex, Near Sivan Theatre Postal Colony, 60, Feet Road, Tiruppur.
3.
The Joint No.1, Sub Registrar No.1/3, Vignesh Complex, Near Sivan Theatre, Postal Colony, 60 Feet Road, Tiruppur.
4.
The Special Tahsildar (Stamps) Office of Special Tahsildar Office (Stamps) Collectorate Building Palldam Road, Tiruppur.
5.
The District Revenue Officer, (Stamps) Office of District Revenue Officer (Stamps) Collectorate Building Palldam Road, Tiruppur.
...Respondents
PRAYER Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd to 5th respondent to refund the excess stamp duty of 2% along with deficit stamp duty, additional registration charge, penalty to the petitioner with respect to registered sale certificate dated 06.04.2017 bearing Document No.2730 of 2017 on the file of 3rd respondent by considering representation dated 15.09.2017. For Petitioner : Mr.K.Myilsamy For Respondents: Mr.E.Balamurugan Additional Government Pleader
O R D E R
Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for a mandamus directing the respondents 2 to 5 to refund the excess stamp duty of 2% along with deficit stamp duty, additional registration charge, penalty to the petitioner with respect to the registered Sale Certificate dated 06.04.2017 bearing Document No.2730 of 2017.
3. It is seen that the petitioner has already approached the third respondent and made such request through his representation dated 15.09.2017 and the said representation has not been disposed of so far. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the third respondent to consider and decide, on the representation made by the petitioner on merits and in accordance with law. Therefore, this writ petition is disposed of, only with a direction to the third respondent to dispose of the said representation of the petitioner on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.
The Inspector General of Registration No.100 Santhome High Road, Pattinapakkam, Chennai.
2.
The District Registrar No.1/3, Vignesh Complex, Near Sivan Theatre Postal Colony, 60, Feet Road, Tiruppur.
3.
The Joint No.1, Sub Registrar No.1/3, Vignesh Complex, Near Sivan Theatre, Postal Colony, 60 Feet Road, Tiruppur.
4.
The Special Tahsildar (Stamps) Office of Special Tahsildar Office (Stamps) Collectorate Building Palldam Road, Tiruppur.
5.
The District Revenue Officer, (Stamps) Office of District Revenue Officer (Stamps) Collectorate Building Palldam Road, Tiruppur.
+1 cc to M/s.K.Myilsamy Advocate sr 79157 +1 cc to Govt Pleader sr 79338 W.P.No.28450 of 2017 aa20/11/2017