Madras High CourtWP(MD)/21783/2025disposed of

Shyam v. The State Of Tamil Nadu

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Shyam ... Petitioner Vs

1. The State of Tamil Nadu, Rep its by the District Collector, Padmanabhapuram, Kanniyakumari District.

2. The District Registrar (Admin), O/o.District Registration Department, Kanniyakumari District.

3. The Sub-Registrar Office, Kollencode Registration Office, Kollencode Taluk, Kanniyakumari District.

4. The Authorized Officer, Indian Overseas Bank, Regional Office, Thiruvanandapuram, State of Kerala.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to refund the stamp duty of Rs.9,56,600/- paid along with registered Sale Certificate on 13.09.2023 in Document No.4466/2023 dated 19.09.2023 before SRO, 1/4

Kollencode, Kanniyakumari District, based the petitioner's representation dated 29.07.2024.

For Petitioner : Mr.P.M.Vishnu Varthanan For R-1 to R-3 : Mr.D.Sasi Kumar Additional Government Pleader For R-4 : Mr.N.Dilip Kumar

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to refund the stamp duty of Rs.9,56,600/- paid along with registered Sale Certificate on 13.09.2023 in Document No.4466/2023 dated 19.09.2023 before SRO, Kollencode, Kanniyakumari District, based the petitioner's representation dated 29.07.2024.

2. This Court without expressing any opinion on merits is directing the respondents to consider the petitioner's representation, dated 29.07.2024, in the light of the decision of the Honourable Supreme Court in the case of Esjaypee Inspects Private Limited Vs. AGM and AO, Canara Bank, reported in 2021(2) CTC 493 and pass orders in accordance with law, within a period of six (6) from the date of receipt of a copy of this order.

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3. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Collector, Padmanabhapuram, Kanniyakumari District.

2. The District Registrar (Admin), O/o.District Registration Department, Kanniyakumari District.

3. The Sub-Registrar Office, Kollencode Registration Office, Kollencode Taluk, Kanniyakumari District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 08.08.2025 4/4