Team Diva Realtors Pvt Ltd. v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M/s.Team Diva Realtors Pvt., Ltd., Rep.by its Authorised Signatory Mr.Gopi Krishnan S, Having its registered office at:

Door No.39, P S Sivasamy Salai, Mylapore, Chennai - 600 004.

... Petitioner versus 1.The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The Sub-Registrar, Virugambakkam Sub-Registration District, Arcot Road, Virugambakkam, Chennai - 600 093.

3.Authorised Officer, M/s.India Resurgence ARC Private Limited, 3rd Floor, Unit 304, Piramal Tower, Pennisula Corporate Park, Lower Parel, Mumbai - 400 013.

... Respondents Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to consider the representation dated 01.11.2023 of the petitioner Company and to refund INR, 2,09,07,050/- (Rupees Two Crore Nine Lakhs Seven Thousand and Fifty Only) and INR 69,95,100/- (Rupees Sixty Nine Lakhs Ninety Five Thousand and One Hundred only) with 9% interest per annum from the date of filing of this writ petition till the date of payment of the petitioner. For Petitioner :

Mr.S.V.Pravin Rathinam For Respondents :

Ms.Akila Rajendran Government Advocate for R1 and R2

O R D E R

Ms.Akila Rajendran, learned Government Advocate accepts notice for respondents 1 and 2. Since this writ petition is being disposed of without passing any adverse orders against the third respondent, affecting its interest, notice to the third respondent is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing respondents 1 and 2 to consider the representation of the petitioner Company dated 01.11.2023, wherein and whereby, the Pg.Nos.2/5

petitioner Company sought to refund INR, 2,09,07,050/- (Rupees Two Crore Nine Lakhs Seven Thousand and Fifty Only) and INR 69,95,100/- (Rupees Sixty Nine Lakhs Ninety Five Thousand and One Hundred only) with 9% interest per annum from the date of filing of this writ petition till the date of payment of the petitioner.

3. The main grievance of the petitioner Company is that even though the representation has been made on 01.11.2023, till date respondents 1 and 2 have not taken any action on the said representation.

4. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for respondents 1 and 2 to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the representation, this Writ Petition is disposed of, by directing respondents 1 and 2 to consider the representation of the petitioner dated 01.11.2023 and pass appropriate orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner Company and interested parties, if Pg.Nos.3/5

any. Such exercise shall be done by respondents 1 and 2 within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs.

08.01.2024 Index: Yes/No Speaking Order : Yes / No ms To 1.The Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The Sub-Registrar, Virugambakkam Sub-Registration District, Arcot Road, Virugambakkam, Chennai - 600 093.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 08.01.2024 Pg.Nos.5/5