Viva Futruristic Ventures Llp v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Viva Futuristic Ventures LLP Represented by its Designated Partner Mr.M.Ravi, Having its registered office at No. F-29, First Floor, Spencer Plaze Phase-I, No. 769, Anna Salai, Chennai - 600002.

... Petitioner Vs

1. The Government of Tamil Nadu, Represented by its Chief Secretary, Fort St. George, Chennai - 600 009.

2. The Principal Secretary, Commercial Taxes and Registration Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3. The Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

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4. The District Registrar, Tambaram District Registrar Office, No. 47/8, Venkatesan Street, Tambaram (West), Chennai - 600 045.

5. The Sub-Registrar, Office of the Sub-Registrar of Guduvanchery, Defence Colony Road, Near Bernard Hospital, Nandhivaram, Guduvanchery - 603 302.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refund the excess stamp duty of Rs.66,39,443/- and Registration Charges of Rs.18,96,984/- paid by the petitioner while registering the sale deed dated 25.05.2024 as Document No. 7957 of 2024 to the petitioner within a time frame fixed by this Court.

For Petitioner : Mr. SK.Rahul Vivek For Respondents : Mr. M.Shajahan, Special Government Pleader

O R D E R

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

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2. This Writ Petition has been filed for directing the respondents to refund the excess stamp duty of Rs.66,39,443/- and Registration Charges of Rs.18,96,984/- paid by the petitioner while registering the sale deed dated 25.05.2024 as Document No. 7957 of 2024 to the petitioner within a time frame that may be fixed by this Court.

3. In this issue, already dealt with by this Court, and now, the Hon'ble Supreme Court of India has granted an interim stay in SLP (Civil) Diary No. 30760 of 2024 and therefore, the request made by the petitioner cannot be considered at this stage. However, it is made clear that the petitioner is at liberty to approach the respondents, subject to the result of the said SLP (Civil) Diary No. 30760 of 2024.

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

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1. The Chief Secretary, The Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Principal Secretary, Commercial Taxes and Registration Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3. The Inspector General of Registration, No. 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

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G.K.ILANTHIRAIYAN, J.

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