Hsq Seventh Floor Llp., v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32162 of 2024 and WMP.No.34921 of 2024 HSQ SEVENTH FLOOR LLP., Represented by its authorized signatory, Mr.P.Sundar, Having Office at No.4, Jayalakshmipuram, 1st street, Nungambakkam, Chennai - 600 034.
...Petitioner
Vs.
1. State of Tamil Nadu, Represented by Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai - 600 009.
2. Inspector General, Registration Department, Secretariat, Fort St.George, Chennai - 600 009.
3. The Sub-Registrar, Alandur, 15/17, dairy farms road, Military quarters, Alandur, Chennai - 600 016.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the third respondent in receipt No.5981 of 2024, and kept the sale deed 1/5
registered in favour of petitioner dated 11.09.20245 as pending in document No.P/Alandur/110/2024 and quash the same and directing the third respondent to release the document with immediate effect. For Petitioner : Mr.S.Sundaresan For Respondents : Mr.M.Shahjahan Special Government Pleader
O R D E R
This writ petition is filed challenging the acknowledgment issued by the third respondent keeping the document presented for registration as pending document pending fixation of compounded value.
2. The petitioner purchased an extent of 9515 sq.ft. of super built-up area in door no.C28-35/12 in a building called "Central Square-I" together with undivided share of 2,642.12sq.ft. under sale deed dated 11.09.2024 and the same was presented for registration. The petitioner paid the necessary stamp duty and registration charges to the tune of Rs.81,73,510/-. The third respondent having received the amount rendered by the petitioner, issued impugned acknowledgment with an endorsement that the document presented for registration will be kept pending, till the fixation of compounded value for the plots covered by the sale deed presented for registration. Aggrieved by the same, the petitioner has come before this court. 2/5
3. The learned counsel for the petitioner submitted that inspite of the fact that the petitioner paid full stamp duty and registration charges, the third respondent kept the document as a pending document and the same is not sustainable in law. He further submitted that even though, the petitioner paid stamp duty as per the prevailing market value, the third respondent is holding the document unnecessarily.
4. Mr.M.Shahjahan, learned Special Government Pleader, who takes notice for the respondents submitted that the fixation of compounded value for the apartment complex is under way and the same will be completed within a period of four weeks. He further submitted that the document presented for registration will be considered by the third respondent after fixation of compounded value by the competent authority within a period of four weeks. The said statement is recorded.
5. In view of the same, the third respondent is directed to consider the document presented for the registration and pass final orders, within a period of four weeks from the date of receipt of a copy of this order. 3/5
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 28.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Secretary to Government, State of Tamil Nadu, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai - 600 009.
2. Inspector General, Registration Department, Secretariat, Fort St.George, Chennai - 600 009.
3. The Sub-Registrar, Alandur, 15/17, dairy farms road, Military quarters, Alandur, Chennai - 600 016.
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S. SOUNTHAR, J.
av W.P No.32162 of 2024 28.10.2024 (2/2) 5/5