← Library
Madras High CourtWP/426/2025direction

M/S.Jain Family Trust v. The Inspector General Of Registration

2025-03-20Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.426 of 2025 Jain Family Trust Rep.by its Trustee Mr.Kamlesh Jain Son of Mr.Shantilal Jain No.43, Thambuswamy Road Kilpauk, Chennai 600 010.

..Petitioner ..Vs.

1.The Inspector General of Registration No.100, Santhome High Road Chennai and another.

..Respondents For Petitioner : Mr.Sarath Chandran for Mr.Vikram U.Jain For Respondents : Mr.B.Vijay Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd respondent to register the sale certificate dated 02.12.2024 and to release the same within the time frame fixed by this Court. 1 / 4

2.The specific case of the petitioner is that the petitioner has paid 5% stamp duty and 1% registration charges and inspite of the same, the sale certificate has not been registered and released. It was further contended that the 2nd respondent was insisting for the payment of additional 4% registration fees and 2% surcharge. 3.The learned Special Government Pleader on instructions submitted that since the proper duty was not paid on the document, the same was impounded by the 2nd respondent.

4.In the light of the order passed in WP.No.6580 of 2024 today, as an interim arrangement, there shall be a direction to the petitioner to pay 5% stamp duty and 2% registration charges. If already 5% stamp duty and 1% registration charges has been paid, balance 1% registration charges shall be paid. On receipt of the same, the sale certificate dated 02.12.2024, shall be registered and released in favour of the petitioner. It is made clear that this is only an interim arrangement and such payment is made by the petitioner without prejudice to their rights and similarly such payment is received by the respondents without prejudice to their right to claim for the additional duty/surcharge, if ultimately the same is payable by the petitioner. 2 / 4

5.Post this writ petition along with WP.No.6580 of 2025 on 28.04.2025. 20.03.2025 KP To 1.The Inspector General of Registration No.100, Santhome High Road Chennai.

2.The Sub Registrar Chennai Central Joint II Chennai.

3 / 4

N.ANAND VENKATESH kp W.P.No.426 of 2025 20.03.2025 4 / 4