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Madras High CourtWP(MD)/13104/2011allowed

H. Piaribegam, v. The Govt. Of Tamil Nadu,

2017-09-14Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)Nos.13104 to 13108 of 2011 H.Piaribegam ...Petitioner in W.P(MD).No.13104 of 2011 V.Jambulingam ... Petitioner in W.P(MD).No.13105 of 2011 R.Lalitha ... Petitioner in W.P(MD).No.13106 of 2011 C.Habibullakhan ... Petitioner in W.P(MD).No.13107 of 2011 P.Balameenakshi ... Petitioner in W.P(MD).No. 13108 of 2011 Vs.

1.The Government of Tamil Nadu Rep.by Special Secretary to Government-Commercial Taxes (J-1 Department) Secretary, Chennai-600 009.

2.Inspector General of Registration, Chennai-600 028.

3.The District Registrar Tiruchy District, Tiruchirappalli-620 001. ... Respondents in all the Writ petitions W.P(MD).No.13104 of 2011:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale dated 03.12.2010 bearing Registration No.10287/2010 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed dated 03.12.2010 registered as document No.10287 of 2010 to the petitioner.

W.P(MD).No.13105 of 2011:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale dated 31.05.2011 bearing Registration No.4673/2011 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed dated 31.05.2011 registered as document No.4673/2011 to the petitioner.

W.P(MD).No.13106 of 2011:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale dated 04.03.2011 bearing Registration No.1878/2011 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed dated 04.03.2011 registered as document No.1878/2011 to the petitioner.

W.P(MD).No.13107 of 2011:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale dated 03.12.2010 bearing Registration No.10288/2010 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed dated 03.12.2010 registered as document No.10288/2010 to the petitioner.

W.P(MD).No.13108 of 2011:Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale dated 09.06.2011 bearing Registration No.5060/2011 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed dated 09.06.2011 registered as document No. 5060/2011 to the petitioner.

For Petitioners : Mr.A.Saravanakumar In all Writ Petitions For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader.

In all Writ Petitions COMMON ORDER These Writ petitions are filed by the petitioners for a direction forbearing the third respondent from demanding additional stamp duty for the documents of sale dated 03.12.2010, 31.05.2011, 04.03.2011, 03.12.2010 and 09.06.2011 bearing Registration Nos.10287/2010, 4673/2011, 1878/2011, 10288/2010 and 5060/2011 respectively, executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioners and further direct the respondents to deliver the respective sale dees to the petitioners. 2.Heard Mr.A.Saravanakumar, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

3.The learned Additional Government Pleader would submit that the issue involved in these Writ petitions is squarely covered by an earlier order of this Court passed in W.P(MD).Nos.28557 to 28564 of 2003, dated 14.10.2003. It is further submitted that following the

earlier order, so many other writ petitions have been allowed. 4.In the light of the above submissions, these writ petitions are allowed and the respondents are directed to release the sale deeds dated 03.12.2010, 31.05.2011, 04.03.2011, 03.12.2010 and 09.06.2011 bearing Registration Nos.10287/2010, 4673/2011, 1878/2011, 10288/2010 and 5060/2011 respectively, within a period of four weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The Government of Tamil Nadu Rep.by Special Secretary to Government-Commercial Taxes (J-1 Department) Secretary, Chennai-600 009.

2.Inspector General of Registration, Chennai-600 028.

3.The District Registrar Tiruchy District, Tiruchirappalli-620 001.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 79046 DSS/MSA JS/JC/SAR.2/3.10.2017/3P-5C W.P.(MD)No.13104 to 13108 of 2011 14.09.2017