High CourtsSingle Bench(2005) 02 MAD CK 0004

M/s. Sridhara Electrotek vs The Joint Director, Director of Industries and Commerce (Electrical and Electronics), Madras-5, District Revenue Officer (Stamps), Office of the District Collector, Singaravelar Maligai, 32 Rajaji Salai, Chennai-1. and The Sub-Registrar, Neelangarai, Chennai

Madras High Court · Decided on 1 February 2005

HON’BLE JUDGES
K.P. Sivasubramaniam, J
CASE NUMBER
Writ Petition No. 2987 of 2005

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Judgment

11 paragraphs · 206 words

K.P. Sivasubramaniam, J.—Ms. S. Venkatesh, learned Special Government Pleader takes notice for the respondents. Heard both sides.

The petitioner prays for a writ of mandamus to direct the second and third respondent to release the sale deed dated 5.3.2002 executed by the

first respondent in favour of the petitioner.

2.

It is stated by the petitioner''s counsel that the sale deed was registered as Document No. 5257 of 2004 at the office of the third respondent and

it is also stated that the third respondent is insisting for payment of Registration Charges as per the guideline value on the Sale Consideration

mentioned in the sale deed.

3.

It is needless to mention that when the vendor happens to be either the Government or the Government undertaking like Chennai Metropolitan

Development Authority etc., there is no justification on the part of the Registration officer to insist for the stamp duty to be paid on any other

amount than the said consideration actually recited in the sale deed. The Purchasers cannot be alleged to have paid more than what is recited in the

document. With the result, the writ petition is allowed as prayed for. The third respondent is directed to register the document as expeditiously as

possible.