Madras High CourtWP/31162/2023disposed of

Thaker Neepa Nagarjun v. The Inspector General Of Registration

2023-11-22Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Thaker Neepa Nagarjun ... Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai- 600 028.

2. The Sub Registrar, Ganapathy Sub- Registrar Office, No.12/1, Maniyakaranpalayam Road, Velavan Nagar, Ganapathy, Coimbatore- 641 006.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents to refund the excess stamp duty and registration charges amounting to Rs.23,00,000 /- paid by the petitioner for the registration of sale certificate vide document No. 8252 of 2022 dated 29.09.2022 on the file of 2nd respondent by considering the petitioner's representation dated 24.01.2023. 1/4

For Petitioner : Mr.T.V.Suresh Kumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

The writ petition is filed in the nature of Mandamus, to direct the respondents, to refund the excess stamp duty and registration charges paid by the petitioner for the registration of sale certificate dated 29.09.2022 on the file of the second respondent, by considering the petitioner's representation, dated 24.01.2023.

2. The learned counsel for the petitioner submitted that the petitioner had been continuously following with the 2nd respondent for refund of excess stamp duty and registration charges, however, there was no response. Hence, the petitioner sent a representation dated 24.01.2023 to the 2nd respondent to refund the excess stamp duty and registration charges. However, till date, there was no reply from the respondents herein. Hence, the petitioner has filed the present writ petition.

3. The respondents have not filed their counter affidavit in the present writ petition.

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4. The respondents are directed to consider the said representation of the petitioner by issuing notice to the petitioner as well as the interested parties / rival claimants, if any, and thereafter, conduct inquiry in the manner known to law and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of one (1) month from the date of receipt of a copy of this order.

5. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. 22.11.2023 Index : Yes / No Speaking Order : Yes / No (sha) To

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai- 600 028.

2. The Sub Registrar, Ganapathy Sub- Registrar Office, No.12/1, Maniyakaranpalayam Road, Velavan Nagar, Ganapathy, Coimbatore- 641 006.

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P.VELMURUGAN . J., (sha) 22.11.2023 4/4