BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02/04/2007
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
WRIT PETITION (MD) No.2804 of 2007
K.Ethirajulu ... Petitioner
Vs.
1. The Government of Tamil Nadu
rep by Special Secretary
to Government - Commercial Taxes
(J-1 Department),
Secretariat, Chennai - 600 009.
2. Inspector General of Registration,
Chennai - 600 028.
3. The District Registrar,
Tiruchy District, ... Respondents
Tiruchirappalli - 620 001
The Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus as stated therein.
For petitioner : Ms.R.Krishna Priya
For respondents : Mr.D.Sasikumar G.A.
:ORDER
The Writ Petition has been filed praying for the issuance of a Writ of
Mandamus, forbearing the third respondent from demanding additional stamp duty
for the document of sale, dated 04.06.1999, bearing Registration No.2464/ 1999,
executed by Tamil Nadu Police Housing Corporation Limited in favour of the
petitioner and further, direct the respondents to deliver the Sale Deed, dated
04.06.1999, registered as document No.2464/1999, to the petitioner.
2.Heard the learned counsel for the petitioner as well as for the
respondents.
3. The learned counsels appearing on behalf of the petitioner as well as
the respondents have submitted that the issues involved in the present writ
petition are covered by the decisions of this Court in W.P.Nos.31589 of 2002,
reported in 2003-1-L.W.562, W.P.No.28557 to 28564 of 2003, W.P.No.2351 of 2006
and W.P.No.46536 of 2006.
4.It is also submitted that this Court has passed orders in the above
mentioned writ petitions in view of the decision of the Supreme Court in STATE
OF RAJASTHAN AND OTHERS V. BASANT NAHATA, reported in (2005 (4) CTC 606),
wherein it was held that Section 22-A of the Registration Act, introducing the
provision for Prohibition of Registration of documents opposed to public policy,
to be unconstitutional and invalid. Following the decision of the Supreme Court
, this Court had also passed orders in W.A.No.1923 of 2005 and W.P.No.7237 of
2006.
In view of the above orders, the writ petition is allowed and the
respondents are directed to release the Sale Deed, within a period of two weeks
from the date of receipt of a copy of this order, without demanding any
additional stamp duty.
With the above directions, the Writ Petition is disposed of. No costs.
ssm
To
1. The Special Secretary
The Government of Tamil Nadu
to Government – Commercial Taxes
(J-1 Department),
Secretariat, Chennai – 600 009.
2. The Inspector General of Registration,
Chennai – 600 028.
3. The District Registrar,
Tiruchy District, Tiruchirappalli – 620 001