Disposed

M/s.Sree Visalam Chit Fund Ltd. v. The Inspector General of Registration

Madras HC21 Jun 2021WP/4912/2021

Case brief

AI extract

What is this about?

The High Court directed the petitioner to approach the recording Sub-Registrar instead of the appellate IGR for a refund of excessive registration fees, issuing an order to the Sub-Registrar to decide on merits after giving notice.

What did the court decide?

Declaration that Sub-Registrar is competent to consider refund; direction to return appeal to Sub-Registrar.

M/s.Sree Visalam Chit Fund Ltd. Vs The… — Public Procurement and Tenders | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.06.2021

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CORAM

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THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

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W.P.No. 4912 of 2021

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Sree Visalam Chit Fund Limited, through its The Director C.T.Nadarajan S/o. Chithamparam Chettiyar

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... Petitioner

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Versus

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The Inspector General of Registration, O/o. The Registration Department, Pattinapakkam, Chennai.

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The Joint Sub-Registrar No.2, Cuddalore, Cuddalore Dt.

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... Respondents

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1^st respondent to consider the petitioner representation dated 29.06.2020 and to refund the amount of Rs.43,060/- in favour of the petitioner, which was excessively collected by the 2^nd respondent during the registration of the receipts No.1763/2020 dated 11.06.2020 and 1796/2020 dated 28.05.2020.

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For Petitioner : Mr.K.Sudalaiyandi For Respondents : Mr.Yogesh Kannadasan, Govt. Advocate

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(The case has been heard through video conference)

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This Writ Petition has been filed seeking a direction directing the 1^st respondent to consider the petitioner representation dated 29.06.2020 and to refund the amount of Rs.43,060/- in favour of petitioner, which was excessively collected during the registration.

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The grievance of the petitioner is that, the petitioner

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https://hcservices.ecourts.gov.in/hcservices/

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chit is a registered Chit Fund Company, earlier, they have registered various chits before the 2^nd respondent Joint SubRegistrar, Cuddalore. Alleging that, the 2^nd respondent collected excessive sum to the tune of Rs.43,060/-, which is not contemplated under the Stamp Act, the petitioner has submitted a representation to the 1^st respondent seeking to refund that amount. But, so far, his representation was not considered and no order has been passed on it. Hence, the present Writ Petition has been filed by the petitioner.

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Since the chit has been registered by the 2^nd respondent, he is the competent authority to consider the claim for refund of amount. Instead of making representation to the 2^nd respondent, the petitioner has submitted representation to the 1^st respondent, he is only an appellate authority. In the above circumstances, the petitioner is directed to make appropriate representation to the 2^nd respondent seeking for refund of eligible amount, if any within a period of two weeks from the date of receipt of copy of this order. If any such representation is filed, the 2^nd respondent is directed to consider the same and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of eight weeks thereafter. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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rpp

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The Inspector General of Registration, O/o. The Registration Department, Pattinapakkam, Chennai.

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The Joint Sub-Registrar No.2, Cuddalore, Cuddalore Dt.

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+1cc to Mr.K.Sudalaiyandi, Advocate, S.R.No. 28581

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+1cc to the Government Pleader, S.R.No. 28738

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W.P.No. 4912 of 2021

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PL(CO) GN(20/07/2021)

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Sree Visalam Chit Fund Ltd. v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

M/s.Sree Visalam Chit Fund Ltd. v. The Inspector General of Registration

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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