BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 23/11/2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition (MD) No.13451 of 2010 S.Manivannan .. Petitioner Versus 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, Tiruchirappalli - 620 001. .. Respondents Prayer This petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the third respondent from demanding additional stamp duty for the document of sale, dated 19.05.2010, bearing Registration No.3847/2010 executed by Tamil Nadu Police Housing Corporation Limited in favour of the petitioner and further direct the respondents to deliver the Sale Deed, dated 19.05.2010, registered as document No.3847/2010 to the petitioner. !For Petitioner ... M/s.A.Saravana Kumar ^For Respondents ... Mr.R.Manoharan Government Advocate :ORDER
Heard Mr.A.Saravana Kumar, the learned counsel appearing on behalf of the
petitioner, as well as Mr.R.Manoharan, the learned Government Advocate appearing
on behalf of the respondents.
2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the petitioner had submitted that the issue arising for
the consideration in the present writ petition had already been decided by this
Court, in a batch of writ petitions, in S.Jayalakshmi V. The Government of Tamil
Nadu and others, reported in 2003-1-L.W. 562. Thereafter, this Court has been
passing a number of orders based on the order passed by this Court in the
decision cited above. The learned counsel had also enclosed one such order,
dated 20.03.2006, made in W.P.(MD) No.2351 of 2006, in the typed set of papers,
filed along with the writ petition.
3. The learned Government Advocate appearing on behalf of the respondents
had not refuted the submissions made by the learned counsel appearing on behalf
of the petitioner.
4. In view of the submissions made by the learned counsels appearing on
behalf of the parties concerned, the third respondent is directed to release the
sale deed, dated 19.05.2010, which had already been registered as document
No.3847/2010, within a period of two weeks from the date of receipt of a copy of
this order, without demanding additional stamp duty, if there are no other legal
impediments for the release of the document concerned.
4. The writ petition is disposed of, with the above directions. No
costs.
srm
To
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,
Tiruchirappalli – 620 001.