Aswin Exim India Private Limited v. The Inspector General Of Registration And The Chief Controlling Revenue Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Aswin Exim India Private Limted, Represented by its Managing Director, A.Viswanathan.
... Petitioner Vs.
1.The Inspector General of Registration and The Chief Controlling Revenue Authority, 120, Santhome High Road, Chennai - 20.
2.The Special Deputy Collector (Stamps), Collector Office Building (3rd Floor), Thoothukudi @ Tirunelveli, Tirunelveli.
3.The District Registrar, Thoothukudi District, Thoothukudi.
4.The Sub Registrar, Thoothukudi Melur Sub-Registrar Office, Thoothukudi, Thoothukudi District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to release the petitioner's registered documents in Document Nos.836/2024 and 1/4
837/2024 dated 26.02.2024 without insisting upon payment of additional stamp duty in respect of properties in S. Nos.1263/2A, 1263/1, situated at Meelavittan Village, Thoothukudi District, within a stipulated period fixed by this Court. For Petitioner : Mr.B.Vinothkumar For Respondents : Mr.S.Shanmugavel, Addl. Government Pleader.
ORDER
Heard both sides.
2.The petitioner has purchased the petition mentioned properties vide two sale deeds. All the registration formalities have been completed. But the documents have not been released. That led to the filing of this writ petition. 3.The learned Additional Government Pleader submitted that to find out if the property has been correctly valued, the report from the Assistant Executive Engineer is awaited. The learned counsel for the petitioner on instructions categorically asserts that the inspection work was already over some 20 days back. Be that as it may, it is for the third respondent to coordinate and liaison with the concerned department. The petitioner cannot be made to wait indefinitely. A substantial sum has been paid as consideration. 2/4
The petitioner may have to produce it before the banking authorities. Therefore, such issues cannot brook delay. The fourth respondent is directed to take a call in the matter within a period of four weeks from the date of receipt of a copy of this order. If the reference under Section 47A of the Indian Stamp Act, 1899 is not going to be made, the petition mentioned documents shall be released to the petitioner.
4.This writ petition is disposed of accordingly. No costs. 25.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Inspector General of Registration and The Chief Controlling Revenue Authority, 120, Santhome High Road, Chennai - 20.
2.The Special Deputy Collector (Stamps), Collector Office Building (3rd Floor), Thoothukudi @ Tirunelveli, Tirunelveli.
3.The District Registrar, Thoothukudi District, Thoothukudi.
4.The Sub Registrar, Thoothukudi Melur Sub-Registrar Office, 3/4
Thoothukudi, Thoothukudi District.
G.R.SWAMINATHAN, J.
ias 25.03.2024 4/4