Little Drops v. The Deputy Inspector General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.27845 of 2024 Little Drops, Public Charitable Trust Rep. by its Trustee M. Ramesh, S/o. M.Munusamy, No.1, Nallur Melathur Erikkarai Road, Somangalam, Chennai-600 069.
... Petitioner vs.
1.The Deputy Inspector General of Registration, Nandanam, Chennai-600 035.
2.The District Revenue Officer, (Stamps), 32, Rajaji Saalai, Chennai-600 001.
3.The Sub Registrar, Padappai SRO Office, Kanchipuram District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/5
India, to issue a Writ of Mandamus, directing the respondents to release the original Gift Deed dated 27.05.2023 (Doc. No. 5118/2023) in the name of the petitioner Trust, in respect of 1.00 Acre in S.F. No. 85/1B, Varadarajapuram Village, Kundrathur Taluk, Kanchipuram District. For Petitioner : Mr.N.Manoharan For Respondents : Mr.P.Harish Government Advocate
O R D E R
The petitioner herein seeks a direction to the respondents to release the original Gift Deed dated 27.05.2023 (Doc.No.5118/2023) executed in favour of the petitioner Trust.
2. It is the case of the petitioner that subject property is owned by one Pearline Hannah and she executed a Gift Deed in favour of the petitioner Trust on 27.05.2023 (Doc.No.5118/2023) and the same was presented for registration before the 3rd respondent. It is also stated that the petitioner Trust had remitted stamp duty of Rs.19,77,200/- and registration fee of Rs.5,65,200/- through online. Till date, the respondents have not released 2/5
the Gift Deed. Hence, the petitioner has come by way of this writ petition.
3. When the writ petition is taken up for hearing, Mr.P.Harish, learned Government Advocate, who is taking notice for the respondents, on instructions, would submit that the 3rd respondent referred the matter under Section 47-A of the Indian Stamp Act, 1899 for determination of the stamp duty and the 2nd respondent also issued Form-I Notice dated 14.06.2023 to another trustee of the petitioner namely K.Pushpalingam vide Registered Post dated 19.06.2023 and the 47-A proceedings are pending. The learned counsel appearing for the petitioner submitted that his client has not received any Form-I Notice.
4. In view of the same, without going into the merits of the claim made by either of the parties, this Court is inclined to direct the 2nd respondent to issue fresh Form-I Notice to the petitioner and complete 47-A proceedings, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
5. With the above direction, the Writ Petition stands disposed of. No 3/5
costs. Consequently, the connected writ miscellaneous petition is closed. 04.09.2024 (1/2) Index : Yes/No Speaking order:Yes/No dm To 1.The Deputy Inspector General of Registration, Nandanam, Chennai-600 035.
2.The District Revenue Officer, (Stamps), 32, Rajaji Saalai, Chennai-600 001.
3.The Sub Registrar, Padappai SRO Office, Kanchipuram District.
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S.SOUNTHAR, J.
dm 04.09.2024 (1/2) 5/5