J. Muthukumar vs The Chennai Metropolitan Dev on 5 December, 2007

       

  

  

 
 
 In the High Court of Judicature at Madras

Date :  05..12..2007

Coram :

The Hon'ble Mr. Justice P. JYOTHIMANI

Writ Petition No: 36387 of 2007

J. Muthukumar, 
Block No: 10, EWS, Plot No:6,
Gudalur, 
Maramalai Nagar  603 209. 				...  Petitioner

-vs-

1.  The Chennai Metropolitan Dev.
	Authority,
     Thalamuthu Natarajan Building,
     No: 1, Gandhi Irwin Road,
     Egmore, Chennai  8.

2.  The Sub Registrar,
     Registration Department,
     Chengelpet.  						...  Respondents

	Writ petition under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the 1st respondent to execute the sale deed on the stamp duty paid on the actual consideration received by them and consequently direct the 2nd respondent to receive the same for registration without insisting stamp duty on the guideline value in respect of Block No: 10, EWS Plot No:6, Gudalur, Maraimalai Nagar     603 209.

		For petitioner            :  Mr. S. Jayaseelan    
		For 1st resp.              :  M/s. C. Kathiravan 

		For 2nd resp.              :  M/s. V. Balu, 
					        Addl. Govt. Pleader (W)

..  ..  ..


								P. JYOTHIMANI, J.

               gp

O R D E R 

The issue involved in this writ petition is covered by the decision rendered by the Division Bench of this Court in the case reported in 1997 (2) C.T.C. 617 ( S.P. Padmavathi vs. State of Tamil Nadu ) holding that in respect of allotment made by the Governmental agencies, there is no concealment of consideration and, therefore, the claim of the stamp duty and existing market value does not arise. It is stated that petitioner is an allottee from the 1st respondent for a consideration and, therefore, it cannot be assumed to be false.

2. Thus, following the decision of the Division Bench cited supra, this writ petition is allowed. No costs.

gp								05..12..2007
Copy to :
1.  The Chennai Metropolitan Dev.
	Authority,
     Thalamuthu Natarajan Building,
     No: 1, Gandhi Irwin Road,
     Egmore, Chennai  8.

2.  The Sub Registrar,
     Registration Department,
     Chengelpet.  				              W.P. No: 36387 of 2007