← Library
Madras High CourtWP/35229/2015closed

M/S.Ceebros Hotels Pvt.Ltd v. The Chief Controlling Revenue

2022-10-14Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and M.P.No.1 of 2015 M/s.Ceebros Hotels Pvt Ltd Rep by its Managing Director No.19/1, 3rd Cross Street R.A.Puram Chennai - 600 028 .. Petitioner

Versus

1.The Chief Controlling Revenue Authority & Inspector General of Registration Mylapore Chennai - 600 028 2.The DISTRICT Revenue Officer Stamps Singaravelar Maligai 5th Floor, 32 Rajaji Salai Chennai - 600 001 3.The Sub Registrar Virugambakkam 4.The Tahsildar Mylapore - Triplicane Taluk 5.A.P.Raju .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for records on the 1/4

file of 2nd respondent in order dated 20.2.2012 and consequent notice No.A2/11/2011 dated 6.4.2015 also on the file of the 2nd respondent 12.9.2015 and quash the same as unconstitutional illegal invalid and barred by the provisions Section 19B(4) of the Stamp Act and consequently direct the respondents to remove the entry dated 22.11.2011 in the encumbrance record/certificate pertaining to Doc.No.45 of 2011 on the file of the 3rd respondent.

For Petitioner : Mr.P.B.Balaji For Respondents : Mr.E.Vijay Anand for R1 - R4 Additional Government Pleader Mr.M.Ravi for R5

ORDER

This writ petition is filed seeking for challenging the order of the second respondent dated 20.2.2012 and consequent notice No.A2/11/2011 dated 6.4.2015 also on the file of the 2nd respondent 12.9.2015 and quash the same as unconstitutional, illegal, invalid and barred by the provisions Section 19B(4) of the Stamp Act and consequently direct the respondents to remove the entry dated 22.11.2011 in the encumbrance record/certificate pertaining to Doc.No.45 of 2011 on the file of the 3rd respondent.

2. The learned counsel for the petitioner submitted that initially this writ petition was filed challenging the order passed by the second respondent calling for the petitioner to pay a sum of Rs.1,89,64,480/-. Subsequently, on the direction of this Court vide order dated 26.04.2016, the petitioner paid the 2/4

entire amount of Rs. 1,89,64,480/- in favour of the second respondent on 25.05.2016 and application was also issued in favour of the petitioner. Hence, seeks this Court may close this writ petition by issuing a direction to the respondent to close the file without insisting any further payment by way of further penalty.

3. Heard both sides and perused the materials placed on record. Recording the submissions of the learned counsel for the petitioner, this writ petition stands closed with a direction to the respondent to close the file without insisting any further payment from the petitioner by way of penalty or interest. No costs. Consequently connected miscellaneous petition stands closed.

14.10.2022 dhk Index:Yes/No To 1.The Chief Controlling Revenue Authority & Inspector General of Registration Mylapore Chennai - 600 028 2.The District Revenue Officer Stamps Singaravelar Maligai 5th Floor, 32 Rajaji Salai Chennai - 600 001 3/4

M. DHANDAPANI, J.

dhk 3.The Sub Registrar Virugambakkam 4.The Tahsildar Mylapore - Triplicane Taluk Thiruvallur District W.P.No.35229 of 2015 14.10.2022 4/4