Madras High CourtCONT P/1066/2022closed

Girija v. P.Sankar Ias

2022-11-11Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Girija .. Petitioner Vs.

1.Thiru. Dr.P. Sankar, I.A.S., Formerly Inspector General of Registration, Presently working as Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam Buildings, 5th floor, Esplanade, Chennai - 600 108.

2.Thiru. M.P. Sivanarul, I.A.S., Inspector General of Registration, Santhome High Road, Foreshore Estate, Chennai - 600 028.

.. Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to issue notice of contempt to the respondents herein for their wilful and contumacious disobedience in the implementation of the order of this Court dated 05.04.2019 in W.P.No.18362 of 2010 and punish them for the same. For Petitioner : Mr.A.S. Vijayargavan For Respondent : Mr.T. Venkatesh Kumar, Special Government Pleader 1/4

ORDER

This Contempt Petition has been filed by the petitioner praying to punish the contemnor for wilful disobedience of the order passed by this Court in W.P.No.18362 of 2010, dated 05.04.2019.

2. This Court by its order dated 05.04.2019, quashed the impugned order and directed the respondents to refund the excess stamp duty and registration charges paid, with interest at 6% per annum, within a period of 12 weeks. Pursuant to the order passed by this Court, the respondents refunded the excess stamp duty to the petitioner's account and in respect of the registration fees, the respondents preferred a Writ Appeal before the Hon'ble Division Bench of this Court and the same was rejected on the ground of inordinate delay in filing the appeal. Aggrieved against the same, the respondents filed an SLP and the same is pending.

3. It is the submission on behalf of the respondents that though this Court passed an order for refund of excess stamp duty and registration charges, as per the Stamp Act, a provision of refund is available for stamp duty, whereas, there is no such provision available for refund of registration 2/4

charges, against which SLP has been filed.

4. In the said backdrop, SLP having been filed which is pending, the Contempt Petition stands closed.

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M.DHANDAPANI, J.

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