M/S.Omr Outdoor Media Reach Llp, v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M/s.OMR Outdoor Media Reach LLP, Represented by its Designate Partner Pallavarajha M No.5A, Senthil Andavar Street, Dhanalaksmi Colony, Vadapalani, Chennai - 600 026.

...

Petitioner versus 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2.The District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.

3.Sub Registrar, Chennai South Joint- II, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.

...

Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to register the sale deed dated 24.06.2024 by receiving the stamp duty and registration fees computed on the Market Value Guideline which came into effect on 30.06.2017.

For Petitioner :

Mr.K.V.Sajeev Kumar for M/s.Amrutha Srinivasan For Respondents :

Mr.B.Vijay Additional Government Pleader

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the third respondent to register the sale deed dated 24.06.2024, by receiving the stamp duty and registration fees.

3.

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the materials available on record.

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4.

The grievance of the writ petitioner is that when he presented the document for registration, the same has not been registered and the authorities are insisting on the excess stamp duty. 5.

The learned Additional Government Pleader for the respondents submitted that the third respondent will register the document in a reasonable time.

6.

When the document is presented for registration, it is for the registering authority to register the document. While registering the document, if the Sub-Registrar has reason to believe that the document has been undervalued, it is the duty of the Sub-Registrar first register the document and then refers the document to the Collector for determination of the market value. Such being the legal position, the Sub-Registrar himself cannot keep the document pending without registering the document. 7.

In such view of the matter, there shall be a direction to the third respondent / Sub-Registrar to register the document and take action as per law, whenever it is presented by the petitioner, within a period of one week from the date of receipt of a copy of this order. 3/6

8.

With the above direction, this Writ Petition is disposed of. No costs.

28.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Note : Issue Order Copy on 01.07.2024 sri 4/6

To 1.The Inspector General of Registration, O/o.The Inspector General of Registration, Santhome High Road, Chennai - 600 004.

2.The District Registrar, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.

3.The Sub Registrar, Chennai South Joint- II, Integrated Building for Offices of the Commercial Taxes and Registration Department, Fanepet, Nandanam, Chennai - 600 035.

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N.SATHISH KUMAR , J.

sri 28.06.2024 6/6