Disposed

Dlf Home Developers Ltd. v. State of TamilNadu

Madras HC12 Jul 2023WP/4162/2023

Case brief

AI extract

What is this about?

The High Court of Madras permitted the petitioner to withdraw the writ petition challenging the registration refusal, noting that stamps had been deposited and a separate constitutional challenge to the relevant Government Order was pending.

What did the court decide?

The writ petition was closed; there is no order as to costs; connected miscellaneous petitions are also closed.

Dlf Home Developers Ltd. Vs State of TamilNadu — Property and Title | Madras HC (2023)

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WP 4162 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-07-2023

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CORAM

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THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

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WP No.4162 of 2023 And

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WMP Nos.4201 and 4202 of 2023

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DLF Home Developers Ltd., having its Registered Office at DLF Gateway Towers, DLF Cyber City, DLF Phase III, Sector 24, Gurugram, Haryana 122 002.

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Zonal Office at:

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New No.268 (Old N.828), Poonamallee High Road, Kilpauk, Chennai-600 010.

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... Petitioner

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Vs.

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1.State of Tamil Nadu, Through the Principal Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis

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WP 4162 of 2023

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2.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

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3.The Sub Registrar, Periamet, EVR Periyar Salai, Chennai-600 003.

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records of the third respondent in respect of the proceedings dated 23.08.2022 bearing Refusal Number:RFL/Periamet/152/2022 and quash the same and consequently direct the third respondent to register the Conveyance Deeds presented by the petitioner with the purchasers of Apartments.

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For Petitioner : Mr.Jayesh B.Dolia, Senior Counsel for Mr.V.P.Mohammed Moin.

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For Respondents : Mr.S.Silambanan, Additional Advocate General.

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O R D E R

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The learned Senior Counsel appearing on behalf of the petitioner submitted a copy of the Memo filed on behalf of the petitioner and made a request to grant grant permission to withdraw the present writ petition.

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WP 4162 of 2023

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2. In view of the said submission made by the learned Senior

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Counsel appearing on behalf of the petitioner, the Memo dated 12.07.2023 filed

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on behalf of the petitioner stands recorded and it reads as under:-

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“MEMO FILED ON BEHLA OF THE

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PETITIONER

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It is submitted that by the order dated 28.04.2023 in WMP Nos.4201 and 4202 of 2023 in WP No.4162 of 2023, this Hon'ble Court directed the petitioner to deposit the amount demanded by the third respondent within two weeks, with Registrar General High Court, Madras. The relevant portion of the order darted 28.04.2023 is reproduced herein:-

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“There shall be a direction to

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the petitioner herein to deposit the entire stamp duty, as demanded by the respondents 2 and 3 herein towards the deficit stamp duty, before the Registrar General, High Court of Madras, within a period of two weeks from the date of receipt of a copy of this order.”

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The petitioner deposited a sum of Rs.2,59,28,400/- (Rupees Two Crores Fifty Nine Lakhs Twenty Eight Thousand and Four Hundred

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WP 4162 of 2023

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only) being the amount demanded by the third respondent and in compliance of the above said order dated 28.04.2023, on 11.05.2023, before Registrar General, High Court, Madras, and in pursuance to the deposit have been carrying out necessary registration of the conveyance deeds before the third respondent till this date.

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The petitioner submits that the amount deposited by it is in relevance to the G.O.No.47, dated 19.02.2020 issued by the Tamil Nadu Government and in view of the deposit made in compliance to the aforesaid order, it has become highly necessary for the petitioner to file a writ petition challenging the said G.O.47, dated 19.02.2020 and so to that effect the petitioner has filed WP SR No.89273 of 2023 challenging the said G.O.Ms.No.47 dated 19.02.2020. The petitioner submits that the WP SR No.89273 of 2023 will be tagged along with similar writ petitions challenging the aforesaid G.O.No.47, dated 19.02.2020 and the abovesaid amount deposited to the credit of this writ petition WP No.4162 of 2023, shall be retained by the Hon'ble Registrar General, High Court, Madras till the disposal of Batch matters challenging the G.O.Ms.No.47, dated 19.02.2020 pending before

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WP 4162 of 2023

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the Hon'ble Division Bench of this Hon'ble High Court.

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Therefore, it is prayed that this Hon'ble Court may be pleased to take this Memo on record and dispose of this writ petition recording the above facts and render justice.”

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3. Recording the above Memo dated 12.07.2023 filed on behalf of

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the petitioner, the present writ petition stands closed. However, there shall be

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no order as to costs. Consequently, the connected miscellaneous petitions are

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also closed.

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12-7-2023

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Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No Svn

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1.The Principal Secretary to Government, State of Tamil Nadu, Commercial Taxes and Registration Department, Secretariat, Fort St. George, Chennai-600 009.

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S.M.SUBRAMANIAM, J.

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WP 4162 of 2023

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2.The Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.

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3.The Sub Registrar, Periamet, EVR Periyar Salai, Chennai-600 003.

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WP 4162 of 2023

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12-07-2023

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https://www.mhc.tn.gov.in/judis

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Dlf Home Developers Ltd. v. State of TamilNadu

Case brief

What is this about?

What did the court decide?

Dlf Home Developers Ltd. v. State of TamilNadu

Case brief

What is this about?

What did the court decide?

What the court decided

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