M/S.Affluent Towers Llp v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.29106 of 2018 M/s.Affluent Towers LLP, Rep by its Authorised Representative Mr.N.Nagappan, Having its registered office at No.54, Mettupalayam Road, G.N.Mills Post, Coimbatore 641 029.

... Petitioner Vs 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

2.The Sub Registrar, T.Nagar, Chennai 600 017.

3.Union Bank of India, Chennai Main Branch, Ground Floor, Union Bank Bhawan, 139, Prakasam Salai, Broadway, Chennai 600 108.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to register the sale certificate dated 24.08.2018 issued by the third respondent herein by accepting the required stamp duty of 5%.

For Petitioner : Mr.K.N.Shanthi For Respondents : Mr.T.M.Pappiah, Special Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the second respondent to register the sale certificate dated 24.08.2018 issued by the third respondent herein by accepting the required stamp duty.

3. According to the learned counsel for the petitioner, the petitioner has approached the second respondent claiming the same relief as prayed in this writ petition. Since no action was forthcoming, the petitioner is before this Court by this writ petition.

4. Mr.T.M.Pappiah, learned Special Government Pleader taking notice for the respondents, submitted that the second respondent may be directed to consider the claim of the petitioner and pass orders in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, this Court directs the second respondent to consider the claim of the petitioner and pass appropriate orders, on merits and in accordance with law, on payment of required stamp duty, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gsk To 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

2.The Sub Registrar, T.Nagar, Chennai 600 017.

3.Union Bank of India, Chennai Main Branch, Ground Floor, Union Bank Bhawan, 139, Prakasam Salai, Broadway, Chennai 600 108.

+1cc to Mr.K.N.Shanthi, Advocate sr.no.75764 +1cc to Government Pleader sr.no.76751 W.P.No.29106 of 2018 rk(co) nr 10/12/2018