Madras High Court
A.Yasmine vs Chennai Metropolitan ... on 8 August, 2022
W.P.No.3557 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.3557 of 2009
A.Yasmine ...Petitioner
Vs.
1.Chennai Metropolitan Development Authority
Represented by its Chief Executive Officer/Senior
Estate Officer,
Thalamuthu Natarajan Buildings,
No.1, Gandhi Irwin Road,
Egmore, Chennai – 08.
2.The Sub Registrar,
Registration Department,
Government of Tamil Nadu
Chengalput – 603 003. ...Respondents
Prayer:- Writ Petition is filed under Article 226 of the Constitution of India to issue
a Writ of Mandamus, forbearing the first and second respondents demanding stamp
duty on the market value of the property instead of the stamp duty paid by the
petitioner on the actual sale consideration in respect of the property situated at Block
No.12, LIG – I, Plot No.15, Ninnakarai Village, Maraimalai Nagar, Pin – 603 209,
measuring about 1500 sq.ft and consequently directing the second respondent to
register and release the sale deed No.P200900280 dated 23.01.2009 pending on the
file of the second respondent based on the stamp duty paid by the petitioner on the
actual sale consideration.
For Petitioner : Mr.N.Ilangovan
For Respondents : Mr.R.Arunkumar for R1
https://www.mhc.tn.gov.in/judis
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W.P.No.3557 of 2009
Mr.U.Baranidharan
Additional Government Pleader for R2.
ORDER
This Writ Petition has been filed for the issuance of Writ of Mandamus
forbearing the second respondent from demanding the stamp duty on the market
value of the property and for a consequential direction to the second respondent to
register and release the sale deed that is kept as a pending document.
2.The case of the petitioner is that the first respondent developed a scheme for
allotment of plots to persons belonging to low income and middle income groups.
The petitioner was allotted a plot measuring an extent of 1500sq.ft through an
allotment order dated 07.03.2003. The petitioner was directed to pay the total cost of
the land of a sum of Rs.62,500/- by way of sixty equal monthly installments.
3.The petitioner paid the installments and requested the first respondent to
execute the sale deed. When the sale deed was presented for registration, it was kept
as a pending document on the ground that the petitioner has to pay the stamp duty as
per the market value and not as per the value that has been mentioned in the sale
deed. Aggrieved by the same, the present Writ Petition has been filed before this
Court.
4.Heard N.Ilangovan, the learned counsel for the petitioner, Mr.R.Arunkumar,
https://www.mhc.tn.gov.in/judis
W.P.No.3557 of 2009
the learned counsel for first respondent and Mr.U.Baranidharan, the learned
Additional Government Pleader for second respondent.
5.In the considered view of this Court, the question of under valuation will not
arise in a case of this nature, since the sale deed has been executed in favour of the
petitioner by a statutory authority. The registering officer has no jurisdiction to
initiate any action under Section 47 (A) (1) of the Indian Stamp Act, since there is no
reason for him to believe that the document has been undervalued. The law on this
issue is now well settled and useful reference can be made to the judgment of the
Division Bench of this Court reported in The Government of Tamil Nadu Vs.
S.Jayalakshmi and others in [2009 (1) CTC 305].
6.In view of the above, the second respondent is directed to register the sale
deed based on the stamp duty calculated on the amount mentioned in the document
and the document shall be released after registration, if it has not already been
released.
7.This Writ Petition is allowed in the above terms. No costs.
08.08.2022
ep
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
W.P.No.3557 of 2009
N.ANAND VENKATESH.J.,
ep
To
1.Chennai Metropolitan Development Authority
Represented by its Chief Executive Officer/Senior
Estate Officer, No.1, Gandhi Irwin Road,
Thalamuthu Natarajan Buildings,
Egmore, Chennai – 08.
2.The Sub Registrar,
Registration Department,
Government of Tamil Nadu
Chengalput – 603 003.
W.P.No.3557 of 2009
https://www.mhc.tn.gov.in/judis
W.P.No.3557 of 2009
08.08.2022
https://www.mhc.tn.gov.in/judis
