Mahendran .S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Mahendran ... Petitioner vs.

1. The State of Tamil Nadu, Represented by its Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai - 600 005.

2. Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 004.

3. The Sub Registrar, Manapparai Sub Registrar Office, Manapparai, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to refund the excess stamp duty and registration charges amounting to Rs.20,82,460/- (Rupees Twenty Lakhs Eighty Two Thousand Four Hundred and Sixty Only) to the petitioner which has been collected in excess by respondents while registering the sale certificate issued by Chief Manager of State Bank of India, in his capacity as the authorized officer under the SARFAESI Act under Rule 9(6) of the Security 1/4

Interest (Enforcement) Rules, 2002 registered as document No.7507/2022 on the file of 3rd respondent.

For Petitioner : Mr.S.Ramesh For Respondents : Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents to refund the excess stamp duty and registration charges amounting to Rs.20,82,460/- (Rupees Twenty Lakhs Eighty Two Thousand Four Hundred and Sixty Only) to the petitioner which has been collected in excess by respondents while registering the sale certificate issued by Chief Manager of State Bank of India, in his capacity as the authorized officer under the SARFAESI Act under Rule 9(6) of the Security Interest (Enforcement) Rules, 2002 registered as document No.7507/2022 on the file of 3rd respondent. 2.This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's claim and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order.

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

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

1. The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai - 600 005.

2. Inspector General of Registration, Office of the Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai - 600 004.

3. The Sub Registrar Manapparai Sub Registrar Office, Manapparai, Trichy District.

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S.SRIMATHY , J.

TMG ORDER MADE IN DATED : 08.08.2025 4/4