Gowtham Baskaran v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.14609 of 2024 Gowtham Baskaran .. Petitioner

Versus

1. The Inspector General of Registration, O/o.Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Office of the District Registrar, Kancheepuram High Road, Chengalpet - 603 002.

3. The Joint - II Sub Registrar, Office of Joint - II, Sub Registrar, Kancheepuram High Road, Chengalpet - 603 002. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first Respondent to consider and dispose the petitioners representation dated 19.01.2024 within the time stipulated by this Court.

For Petitioner : Mr.M.Marimuthu For Respondents : Mr.P.Anandhakumar Government Advocate 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first Respondent to consider and dispose the representation of the petitioner dated 19.01.2024 within the time stipulated by this Court.

3. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that while registering the deed of transfer of lease hold rights, the registering authorities have collected a sum of Rs.5,35,420/- misinterpreting G.O.Ms.No.131 Commercial Taxes and Registration [J1] Departmentdated 01.12.2023. The above Government Order is applicable only to new flats and apartments and the Government Order is not applicable to second sales. In this regard, the petitioner has given a representation to the first respondent. But the same has not been considered till date. Hence, the present Writ Petition. 2/4

5. Considering the limited prayer sought for in the Writ Petition, without going into the merits of this Writ Petition, the first respondent is directed to consider the representation of the petitioner dated 19.01.2024 and pass Order on merits considering the applicability of the G.O.Ms.No.131 Commercial Taxes and Registration [J1] Department dated 01.12.2023 within a period of two months from the date of receipt of a copy of the Order.

6. With the above direction, this writ petition is disposed of. No costs. 06.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Inspector General of Registration, O/o.Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2. The District Registrar, Office of the District Registrar, Kancheepuram High Road, Chengalpet - 603 002.

3. The Joint - II Sub Registrar, Office of Joint - II, Sub Registrar, Kancheepuram High Road, Chengalpet - 603 002. 3/4

N. SATHISH KUMAR , J.

vrc W.P.No.14609 of 2024 06.06.2024 4/4