Madras High CourtWP(MD)/6845/2017allowed

P.Selvaraj, v. The Inspector General Of

2022-06-14Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.6845 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6845 of 2017 and W.M.P(MD)Nos.5402 & 5403 of 2017 1.P.Selvaraj 2.Thilagam 3.Prabaharan 4.Vigneshwaran 5.S.Deepakumari 6.Minor.Ihanthika 7.Minor.Swathi (Minors 6th and 7th Respondents are represented through their Mother / Natural Guardian// 5th Petitioner herein) ... Petitioners Vs 1.The Inspector General of Registration, Registration Department, Chennai.

2.The Sub Registrar, Sub Registrar Office, Thuraiyur, Trichy District.

3.The Commercial Tax Officer (FAC) Thuraiyur Asssessment Circle, Thuraiyur, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for records of the impugned order passed by the third respondent herein in e.f.vz;:141/2003/m3 dated 16.09.2016 and consequential order passed by the second respondent herein in the form of Memo dated 27.03.2017 refusing to register the petition deed dated 27.03.2017 and quash the same as illegal and further direct the second respondent herein to receive the partition deed dated 27.03.2017 entered between the petitioners herein and register the same.

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W.P.(MD)No.6845 of 2017 For Petitioner : Mr.D.Nallathambi For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. What is under challenge is the attachment made on the petition mentioned property following the communication from the Commercial Tax Department, Thuraiyur. It is brought to my notice that the demand raised by the Commercial Tax Department was quashed in W.P(MD)No.20170 of 2016 on 25.02.2019.Since the impugned communication is only consequential in nature, following the earlier writ order the impugned communication stands quashed.

3. Accordingly, the writ petition is allowed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // /06/2022 Sub Assistant Registrar(CS) mga To 1.The Inspector General of Registration, Registration Department, Chennai.

2.The Sub Registrar, Sub Registrar Office, Thuraiyur, Trichy District.

3.The Commercial Tax Officer (FAC) Thuraiyur Asssessment Circle, Thuraiyur, Trichy District.

+1 CC to M/s.SPL.GP ( SR-25918[F] dated 15/06/2022 ) +1 CC to M/s.D. NALLATHAMBI, Advocate ( SR-26161[F] dated 16/06/2022 ) W.P.(MD)No.6845 of 2017 14.06.2022 kg(CO) TR(24.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2