Allowed

Mr.P.Varadarajan, v. Chief Controlling Revenue

Madras HC12 Oct 2018WP/13375/2016

Case brief

AI extract

What is this about?

This order quashes an impugned regulatory order regarding deficit stamp duty on a property registration. The High Court allowed the writ petition, holding the fee order unnecessary due to a subsequent Government Order granting exemption to the petitioner from further duties on completed registration.

What did the court decide?

The impugned order dated 15.10.2014 issuing by the second respondent is quashed. No costs. Connected miscellaneous petitions are closed.

Mr.P.Varadarajan, Vs Chief Controlling Revenue — Pension and Retirement Benefits | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.10.2018 CORAM THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.13375 of 2016 and W.M.P.Nos.11730 to 11732 & 32537 of 2016

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Mr.P.Varadarajan Rep by Power Agent Vikram Chandiramani ... Petitioner Vs.

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1.Chief Controlling Revenue Authority & Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai- 600 028.

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Assistant Inspector General of Registration, Chennai Range, No.100, Santhome High Road, Pattinapakkam. Chennai-600 028.

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District Registrar of South Chennai (Admn/Audit), No.9, Jeenis Road, Ground Floor, Saidapet, Chennai- 600 015.

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Sub-Registrar, Neelangarai Sub-Registrar Office, Neelangarai, Chennai. ... Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India, to issue a WRIT OF MANDAMUS to call for the records of the impugned order dated 15.10.2014 bearing Reference No. 445/cgJj/2014 passed by the second respondent and quash the same and consequently, direct the first respondent to remove the deficit stamp duty and registration fee entries made in the Encumbrance certificate of the petitioner property situated at New No. 1/84 &1/85, Old No.1/43 & 1/44, East Coast Road, Palavakkam Village, Sholiganallur Taluk, Kancheepuram District and comprised in New Survey No. 79/41A.

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For Petitioner : Mr.R.Anish Kumar

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For Respondents : Mr.P.P.Purushothaman Government Advocate.

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O R D E R

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The relief sought for in this writ petition is for a writ of Mandamus to call for the records in respect of the impugned order passed by the second respondent in proceeding dated 15.10.2014, and consequently direct the first respondent to remove the deficit stamp duty and registration fee entries made in the encumbrance certificate of the petitioner property situated at New No. 1/84 &1/85, Old No.1/43 & 1/44, East Coast Road, Palavakkam Village, Sholiganallur Taluk, Kancheepuram District

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and comprised in New Survey No. 79/41A.

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The learned Government Advocate appearing on behalf of the respondent now brought to the notice of this Court that the petitioner had registered the document and the same was already released by the Sub Registrar concerned. However the impugned order passed in respect of the deficit Court fee is not necessary, in view of the fact that the Government had granted exemption under the Indian Stamp Act in G.O.Ms.No. 56 dated 29.06.2017.

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Pursuant to the above G.O., the writ petitioner is exempted from payment of deficit Court fee difference and he is not liable to pay any further more Duty in respect of the Registration already completed. Thus the impugned order dated 15.10.2014 bearing reference No.445/cgJj/2014 issued by the second respondent stands quashed.

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Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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12.10.2018 Internet:Yes/No Index : Yes/No Speaking order/Non-Speaking Order tta/rts

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S.M.SUBRAMANIAM, J.

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rts

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To 1.Chief Controlling Revenue Authority & Inspector General of Registration, No.100, Santhome High Road, Pattinapakkam, Chennai- 600 028.

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Assistant Inspector General of Registration, Chennai Range, No.100, Santhome High Road, Pattinapakkam. Chennai-600 028.

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District Registrar of South Chennai (Admn/Audit), No.9, Jeenis Road, Ground Floor, Saidapet, Chennai- 600 015.

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Sub-Registrar, Neelangarai Sub-Registrar Office, Neelangarai, Chennai.

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W.P.No.13375 of 2016 and W.M.P.Nos.11730 to 11732 & 32537 of 2016

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12.10.2018

Mr.P.Varadarajan, v. Chief Controlling Revenue

Case brief

What is this about?

What did the court decide?

Mr.P.Varadarajan, v. Chief Controlling Revenue

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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