Kandhan Estate And Foof Pvt Ltd., v. The Inspector General Of Registration
IN THE HIG H COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.20185 of 2024 Kandhan Estate and Food Pvt. Ltd., Reprsented by its Managing Director, E.Keerthinathan No.05, Gandhi Road, Kanchipuram Town, Tamilnadu - 631 501. .. Petitioner
Versus
1. The Inspector General of Registration, Registration Department Office, Pattinampakkam, No.100, Santhome High Road, Chennai - 600 028.
2. The District Registrar, O/o.District Registrar, Arasu Nagar, Thandavaraya Nagar, Thandavaraya Nagar, Kanchipuram, Orikkai, Tamil Nadu - 631 601.
3. The Sub Registrar, Joint IV, Thiruveethipallam, Kancheepuram, Tamil Nadu - 631 501. .. Respondents 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 and release the pending document in Document No.4/2024 by accepting the 2017 Guideline Value in terms of the Judgement of the Division of this Court in W.A.No.512 of 2024 dated 06.03.2024 within the time stipulated by this Court. For Petitioner : Mr.Eswar For Respondents : Mr.B.Vijay Additional Government Pleader 1/5
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 third respondent to register and release the pending document in Document No.4/2024 by accepting the 2017 Guideline Value in terms of the Judgement of the Division of this Court in W.A.No.512 of 2024 dated 06.03.2024 within the time stipulated by this Court.
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
4. The case of the petitioner is that he purchased the subject property to an extent of 2.45 cents for a valuable consideration from one N.N.Anbazhagun. When the sale deed has been presented for registration on 03.05.2024, the registering authority had compelled the petitioner to declare the market value of the property by adopting 2023 guideline which has been quashed by the Division Bench of this Court in W.A.No.512 of 2024 dated 06.03.2024. Hence, the petitioner had made a representation to the third respondent on 08.05.2024 to 2/5
register and release the document without insisting any additional stamp duty and fess on the basis of 2023 guideline value and no action has been taken by the third respondent till date. Hence, the present Writ Petition.
5. It is relevant to note that when the Division Bench of this Court by an Order 06.03.2024 in Writ Appeal in W.A.No.512 of 2024 has quashed the 2023 guideline value, the registering authority insisting the petitioner to pay the stamp duty as per the 2023 guideline value and compelling the petitioner to declare the market value of the property by adopting 2023 guideline value and keeping the document pending without registering the same cannot be sustained in the eye of law and authority cannot keep the document pending without registering it.
6. Considering the above settled position of law, the third respondent is directed to register the pending document in Document No.4/2024 and release the document within a period of fifteen days from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. 22.07.2024 vrc 3/5
Index :Yes/No Internet :Yes/No To,
1. The Inspector General of Registration, Registration Department Office, Pattinampakkam, No.100, Santhome High Road, Chennai - 600 028.
2. The District Registrar, O/o.District Registrar, Arasu Nagar, Thandavaraya Nagar, Thandavaraya Nagar, Kanchipuram, Orikkai, Tamil Nadu - 631 601.
3. The Sub Registrar, Joint IV, Thiruveethipallam, Kancheepuram, Tamil Nadu - 631 501. 4/5
N. SATHISH KUMAR, J.
vrc W.P.No.20185 of 2024 22.07.2024 5/5