Madras High Court
The Inspector General Of Registration ... vs K.Lakshmi (Died) on 1 March, 2024
Author: Sanjay V.Gangapurwala
Bench: Sanjay V.Gangapurwala
W.A.(MD) No.284 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR
W.A.(MD) No.284 of 2024
and
C.M.P.(MD) No.2806 of 2024
1.The Inspector General of Registration of Tamilnadu,
O/o. The Inspector General of Registration,
Santhom High Road, Chennai.
2.The District Registrar,
Periyakulam Registration District,
Periyakulam.
3.The Deputy Collector (Stamps),
Madurai District,
O/o. Madurai District Collectorate,
Madurai.
4.The Sub Registrar,
Usilampatti Sub Registration,
Usilampatti, Madurai District. ... Appellants/
Respondents 1 to 4
Vs.
K.Lakshmi (Died)
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W.A.(MD) No.284 of 2024
1.Vairavan ... 1st Respondent/
Writ Petitioner
2.J.Nishalini ... 2nd Respondent/
5th Respondent
Prayer: Appeal filed under Clause XV of the Letters Patent to set aside the
order dated 24.04.2023 passed in W.P.(MD) No.4590 of 2020 of this Court.
For Appellants : Mr.Veerakathiravan
Additional Advocate General
assisted by
Mr.S.Shanmugavel
Additional Government Pleader
For Respondent-1 : Mr.P.Ganapathisubramanian
JUDGMENT
[Judgment of the Court was delivered by The Hon'ble CHIEF JUSTICE]
The present Respondent No.1/original writ petitioner had filed the
writ petition against the order passed by the Sub Registrar refusing to register
a document and demanding an amount of Rs.11,36,442/- from the petitioner
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on account of the deficit of the stamp duty and registration fees on the
Document No.198 of 2002. The learned Single Judge allowed the writ
petition. Aggrieved thereby, the present writ appeal.
2. We have heard the learned Additional Advocate General for the
appellants.
3. The learned Additional Advocate General submits that there was
deficit stamp duty on a partition deed registered in the year 2002. The mother
of the writ petitioner purchased a part of the property of the said partition
deed in the year 2010 from one of the beneficiaries of the partition deed. In
the year 2020, the settlement deed is executed in favour of the writ petitioner
by the mother. The learned Additional Advocate General submits that the
appellants are entitled to recover the amount.
4. Heard the Advocate for the original writ petitioner.
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5. The factual matrix does not appear to be a matter of debate. The
mother of the writ petitioner nor the writ petitioner is any way concerned
with the partition deed executed in the year 2002. The mother of the writ
petitioner purchased a part of the property i.e. subject matter of the partition
deed of the year 2002 from one of the beneficiaries of the partition deed in
the year 2010. At the time of registration of the sale deed in favour of the
mother of the writ petitioner, no objection was raised by the appellants at any
point of time. The said document was registered. No encumbrance was
noted on the said document. Now, in the year 2020, the mother of the writ
petitioner executed the gift settlement deed in favour of the writ petitioner.
At that time, the objection is raised that the partition deed of the year 2002
was registered with insufficient stamp duty.
6. Assuming the best case for the appellants, the appellants can, at
the most, recover the amount from the person, who had registered the 2002
document and that too if the appellants have the authority to recover it and
not from the writ petitioner herein.
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7. In the light of the above, no case for interference is made out and
the Writ Appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(S.V.G., CJ.) (M.S.K., J.)
01.03.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
ABR
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THE HON'BLE CHIEF JUSTICE
and
MUMMINENI SUDHEER KUMAR, J.
ABR
01.03.2024
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