Madras High Court
State Of Tamil Nadu vs Confederation Of Real Estate ... on 2 August, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.487 of 2021
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
W.A.No.487 of 2021
and
C.M.P.No.1942 of 2021
1.State of Tamil Nadu,
Rep. by the Secretary to Government,
Commercial Taxes & Registration Department,
Secretariat, Fort St. George, Chennai – 9.
2.The Inspector General of Registration,
100, Santhome High Road,
Pattinapakkam, Chennai – 600 028. ...Appellants
Vs.
Confederation of Real Estate Developer's Association of India,
CREDAI TAMIL NADU,
Rep. by its President N.Nandakumar,
11, Sir Thiyagaraya Road,
T.Nagar, Chennai – 600 017. ...Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
allow the writ appeal and set aside the order dated 13.08.2014 made in
W.P.No.33958 of 2013.
1/5
https://www.mhc.tn.gov.in/judis
W.A.No.487 of 2021
For Appellants : Mr.L.S.M.Hasan Fizal,
Additional Government Pleader
For Respondent : No appearance
*********
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
The respondent is not appearing despite service.
2. Challenge in this writ appeal by the State is to the order of the
learned Single Judge made in W.P.No.33958 of 2013 striking down the
circular issued by the Inspector General of Registration bearing
No.189/C1/2013 dated 02.02.2013 requiring the presentant of the document
which is executed by a power agent to produce a certificate to the effect that
the principal was alive within 30 days prior to the execution of the
instrument. The judgment of the learned Single Judge quashing the circular
is dated 13.08.2014.
3. Subsequently a Division Bench of this Court in W.A.(Md.)No.998
and 999 of 2015 went into the very same question and concluded that the
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judgment impugned in this Writ appeal made in W.P.No.33958 of 2013 does
not have the force of law, in view of the directives issue by the Hon'ble
Supreme Court on 03.08.2015 in N.Murugesan Vs. Inspector General of
Registration, Tamil Nadu. In doing so, the Division Bench observed as
follows:-
68. We have already found that the judgment in
CREDAI, setting aside the Circular, dated 02.02.2013,
does not have the force of law in view of the directives
issued by the Supreme Court on 03.08.2015 in
N.Murugesan Vs. Inspector General of Registration,
Tamil Nadu. Today, the direction issued by the Supreme
Court in N.Murugesan has the force of law, in view of
Article 141 of the Constitution. It is binding on all
courts and it is actually the law of the land.
69. It is true that the learned Single Judge who
allowed the writ petitions of the respondent did not
have the benefit of the judgment of Supreme Court, as
the judgment of the Supreme Court came subsequently.
But, nevertheless, the direction of the Supreme Court
cannot today be ignored as it arose directly out of a
challenge to the very same Circular. Hence the order of
the learned Single Judge is liable to be set aside.
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4. In view of the above conclusion, we are convinced that the order of
the learned Single Judge made in W.P.No.33958 of 2013 impugned in this
Writ Appeal has to be necessarily set aside. The Writ Appeal is therefore
allowed and W.P.No.33958 of 2013 will stand dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
(R.S.M., J.) (R.S.V., J.)
dsa 02.08.2024
Index : No
Internet : Yes
Neutral Citation : No
Speaking order
To:-
1.The Secretary to Government,
State of Tamil Nadu,
Commercial Taxes & Registration Department,
Secretariat, Fort St. George, Chennai – 9.
2.The Inspector General of Registration,
100, Santhome High Road,
Pattinapakkam, Chennai – 600 028.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
R.SAKTHIVEL, J.
dsa
02.08.2024
https://www.mhc.tn.gov.in/judis
