Disposed

Shri Shiva Shakti Promoters v. The Inspector General of Registration

Madras HC13 Nov 2024WP(MD)/10787/2024

Case brief

AI extract

What is this about?

Writ petition against an order directing deposit of deficit stamp duty and registration fees on a sale deed. The court noted that the petitioner had already sought a Section 47A reference to the Deputy Collector (Stamps), which was pending enquiry, and disposed of the writ petition directing the petitioner to attend that enquiry.

What the court decided

AI extract

Shri Shiva Shakti Promoters Vs The Inspector General of… — Land Acquisition | Madras HC (2024)

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W.P.(MD)No.10787 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 13.11.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.(MD)No.10787 of 2024 and W.M.P.(MD)No.9638 to 9640 of 2024

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Shri Shiva Shakti Promoters, Rep. by its Partner, M.Vairamuthuraja.

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... Petitioner

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/Vs./

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The Inspector General of Registration, Registration Department, Secretariat, Fort. St. George,

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Chennai - 9.

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The District Registrar, Collector Office Campus, Kokkirakulam, Palayamkottai - 627 009.

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The Sub Registrar, Sub Registrar Office, SH 47 Jayaram Nagar, Aruppukottai, Kovilpatti - 626 105.

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

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The Special Deputy Collector (Stamps), District Collectorate, Tirunelveli - 627 009.

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W.P.(MD)No.10787 of 2024

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... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order dated 17.11.2023 issued by 3 rd respondent in Na.Ka.No. 2/2023 and quash the same as illegal, arbitrary and non-est in law and consequently direct the 3 rd and 4 th respondents to release the pending document No.61/2023 dated 18.10.2023.

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For Petitioner : Mr.V.Meenakshi Sundaram

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For Respondents : Mr.Veera Kathiravan

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Additional Advocate General Assisted by Mr.D.Sadiq Raja Additional Government Pleader

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ORDER

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This writ petition has been filed challenging the order dated 17.11.2023 passed by the third respondent, thereby directed the petitioner

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to deposit stamp duty and deficit registration fees in respect of the sale deed, which was produced for registration in respect of the property comprised in S.No.225/2, 225/3, 225/4 measuring to an extent of 33,860

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

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W.P.(MD)No.10787 of 2024

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sq.m., situated at Appaneri Village, Kovilpatti Taluk, Thoothukudi District, which was owned by one Karthikeyan, who obtained layout permission No.135/21.

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Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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3. The said Karthikeyan, who is the land owner, had formed a layout by plotting the said land into house plots and had executed the sale deed in respect of plot No.33, measuring to an extent of 186.05 sq.m., in favour of one Vignesh Kumar on 29.10.2021 and presented the same for registration. In the said sale deed, the petitioner was issued notice, thereby directed the petitioner to pay deficit stamp duty and registration fees. On receipt of the same, the petitioner disputed the said document and requested to refer the matter under Section 47A of the Indian Stamp Act, 1899, before the Deputy Collector (Stamps), Tirunelveli. As requested by the petitioner, the matter has been referred to the Deputy Collector (Stamps), Tirunelveli. and it is pending enquiry.

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

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W.P.(MD)No.10787 of 2024

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In view of the above, the petitioner ought to have attended the enquiry before the Deputy Collector (Stamps), Tirunelveli. under Section 47A of the Indian Stamp Act, 1899. This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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Index : Yes / No 13.11.2024 NCC : Yes / No Sm

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

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W.P.(MD)No.10787 of 2024

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TO :-

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The Inspector General of Registration, Registration Department, Secretariat, Fort. St. George, Chennai - 9.

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The District Registrar, Collector Office Campus, Kokkirakulam, Palayamkottai - 627 009.

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The Sub Registrar, Sub Registrar Office, SH 47 Jayaram Nagar, Aruppukottai, Kovilpatti - 626 105.

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The Special Deputy Collector (Stamps), District Collectorate, Tirunelveli - 627 009.

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

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W.P.(MD)No.10787 of 2024

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G.K.ILANTHIRAIYAN, J.

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Order made in W.P.(MD)No.10787 of 2024

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Dated: 13.11.2024

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Shri Shiva Shakti Promoters v. The Inspector General of Registration

Case brief

What is this about?

What the court decided

Shri Shiva Shakti Promoters v. The Inspector General of Registration

Case brief

What is this about?

What the court decided

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