Madras High Court
P.Paramasivan vs The Sub-Registrar on 25 June, 2021
W.P.(MD).No.8080 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.8080 of 2020
P.Paramasivan ... Petitioner
Vs.
The Sub-Registrar,
Kovilpatti,
Thoothukudi District. ... Respondent
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for the records relating to the
impugned order in Na.Ka.No.310/2020, dated 18.05.2020 of the respondent and
quash the same and consequently, direct the respondent to register the
compromise decree passed in S.A.(MD).No.481/2019, dated 05.11.2019, without
insisting payment of stamp duty.
For Petitioner : Mr.H.Arumugam
For Respondent : Mr.Veerakathiravan
Senior Government Counsel
assisted by Mr.R.Sureshkumar
Government Advocate
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1/5
W.P.(MD).No.8080 of 2020
ORDER
This writ petition has been filed challenging the impugned
communication of the respondent, dated 18.05.2020, wherein, the respondent has
directed the petitioner to pay the stamp duty and the registration charges in line
with Clause 45(b) of the Schedule to the Indian Stamp Act, 1899.
2.The sum and substance of the case of the petitioner is that there was
a dispute among parties, resulting in filing of a suit. This case ultimately ended
up with two appeals filed before this Court in S.A.(MD).Nos.455 & 481 of 2019.
The parties compromised the dispute among themselves and a compromise
memo was filed before this Court. Recording the same, a decree was passed in
the second appeal on 05.11.2019 in terms of the compromise. It is also seen
from the judgment that leave was granted to either party who are willing to
register the decree, to present the same before the respondent.
3.Pursuant to the above judgment and decree, the decree was presented
for registration before the respondent. The respondent directed the petitioner to
pay the stamp duty and registration charges under Clause 45(b). Aggrieved by
the same, the present writ petition has been filed before this Court.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8080 of 2020
4.The respondent has filed a counter affidavit in this case and the
relevant portions in the counter affidavit are extracted hereunder.
“23.I submit that when the petitioner willing
to register the copy of the Court Decree itself in the
Sub Registrar Office, Kovilpatti, then registration fees
only will be levied and the Decree will be registered.
24.I submit that the petitioner if willing to
submit the copy of the Court Decree the Sub Registrar,
Kovilpatti, will register the instrument and only
Registration Fees alone will be levied and the Court
Decree will be registered.”
5.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner
and Mr.Veerakathiravan, learned Senior Government Counsel, assisted by
Mr.R.Sureshkumar, learned Government Advocate, appearing for the respondent.
6.The respondent had proceeded as if a partition deed is presented for
registration and ultimately, the respondent has realized the mistake and a counter
affidavit has been filed, wherein, it has been categorically stated that the second
appeal decree will be registered on receipt of registration fees alone and there is
no requirement for paying any stamp duty.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8080 of 2020
7.In view of the specific stand taken by the respondent and in view of
the fact that the document that was presented for registration was only a
compromise decree passed in the second appeal, the impugned communication,
dated 18.05.2020, of the respondent is hereby set aside.
8.This writ petition is allowed with a direction to the respondent to
register the compromise decree passed in the second appeal, after receiving the
registration charges from the petitioner. This process shall be completed within a
period of one week from the date of receipt of a copy of this order. No costs.
25.06.2021
Internet : Yes/No
Index : Yes/No
TM
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant concerned.
To
The Sub-Registrar,
Kovilpatti,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.8080 of 2020
N.ANAND VENKATESH, J.
TM
Order made in
W.P.(MD).No.8080 of 2020
25.06.2021
https://www.mhc.tn.gov.in/judis/
