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Madras High CourtWP(MD)/21561/2022allowed

Great Lakes Multi-State Cooperative Housing Society Limited v. The Inspector General Of Registration

2023-01-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Great Lakes Multi-State Cooperative Housing Society Limited No.76/190, South Car Street, Srivilliputhur in Virudhunagar District Rep.by its Chief Executive Officer S.Sakthivel ... Petitioner vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028. 2.The District Revenue Officer (Stamps), Collectorate of Chennai, 5th Floor,, M.Singaravelar Maligai, No.62, Rajaji Salai, Chennai - 600 001.

3.The District Registrar, No.57, Railway Feeder Road, Tenkasi.

4.The Joint No.1 Sub Registrar, No.57, Railway Feeder Road, Tenkasi.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to issue challan for payment of deficit stamp duty in respect of the registered sale 1/4

deed in Document No.853 of 2013 dated 31.08.2012 on the file of the fourth respondent.

For Petitioner : Ms.T.Kokilavane For Respondents : Mr.R.Baskaran, Additional Advocate General assisted by Mrs.S.Jeyapriya, Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petition mentioned sale deed is standing in favour of the writ petitioner society. It was also registered as Document No.853 of 2013 on the file of the fourth respondent. However, it is treated as a pending document and has not been released. This was because, according to the respondents, enquiry under Section 47A of the Indian Stamp Act was initiated. The petitioner has now comes forward to pay the entire deficit stamp duty. The petitioner only wants the second respondent to issue challan so that the petitioner can pay the same. The second respondent is directed to issue the challan sought for. I however make it clear that this direction will not be construed to mean that this Court has endorsed the title of the petitioner. 2/4

3.This writ petition stands allowed. No costs. 24.01.2023 Index : Yes / No Internet : Yes/ No SKM To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028. 2.The District Revenue Officer (Stamps), Collectorate of Chennai, 5th Floor,, M.Singaravelar Maligai, No.62, Rajaji Salai, Chennai - 600 001.

3.The District Registrar, No.57, Railway Feeder Road, Tenkasi.

4.The Joint No.1 Sub Registrar, No.57, Railway Feeder Road, Tenkasi.

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G.R.SWAMINATHAN, J.

SKM W.P.(MD)No.21561 of 2022 24.01.2023 4/4