Madras High Court
R.Shivani vs The Inspector General Of Registration on 6 March, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
1/6 WP No. 6839 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP No. 6839 of 2025
1. R.Shivani
Petitioner(s)
Vs
1. The Inspector General of Registration,
No. 100,Santhome High Road,
Pattinappakkam,Chennai -600 028.
2.The Sub Registrar,
The Sub Register Office,
No. 38, 3rd Main Road, Ram Nagar,
Rajalakshmi Nagar, Velachery,
Chennai -600 042.
Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the records of the
Refusal Check Slip No. RFL/Velacheri/9/2025 dated 24.01.2025 issued by the
2nd Respondent in respect of the Release Deed executed by the Petitioner to
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2/6 WP No. 6839 of 2025
and in favour of her Grand Mother Mrs.A.Lakshmi Bai, Quash the same and
consequently direct the 2nd respondent the Register the Release Deed dated
24.01.2025 executed by the Petitioner herein under Article 55 of the Indian
Stamp Act with concessional stamp duty and registration fees.
For Petitioner(s): Mr.S.Ganesh
For Respondent(s): Mr.U.Baranidharan
Special Government Pleader
ORDER
This writ petition has been filed challenging the impugned refusal Check
Slip issued by the 2nd respondent dated 24.01.2025 and for a consequential
direction to the 2nd respondent to register the Release Deed dated 24.01.2025
executed by the petitioner in favour of her grandmother.
2.When the matter came up for hearing on 28.02.2025, this Court passed
the following order:
Mr.U.Baranidharan, learned Special Government Pleader,
takes notice for respondents.
2. The subject matter of challenge in the present writ
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petition pertains to the refusal check slip issued by the 2nd
respondent dated 24.02.2025 wherein the 2nd respondent has
insisted for the payment of the stamp duty of Rs.2,70,007/- and
registration fee of Rs.40,000/- on the ground that the grand
daughter in whose favour the settlement deed is executed by the
grand mother do not fall within the explanation “family”.The
issue involved is squarely covered by the earlier orders passed
by this Court.
3. The learned Special Government Pleader seeks for
some more time to take instructions.
4. Post this case at the end of the motion list on
06.03.2025.
3.The learned Special Government Pleader appearing on behalf of the
respondent submitted that as against the order passed by the learned Single
Judge in V.R.Chandana vs. Inspector General of Registration, Chennai 600
028 reported in 2024 2 Writ LR 367, an appeal has been filed in W.A.No.3349
of 2024 and the judgment of the learned Single Judge has been stayed in CMP
No.25969 of 2024 by an order dated 19.11.2024.
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4.In my considered view, the learned Single Judge had taken into account
all the earlier judgments and has come to a conclusion that the expression
‘Father’ and ‘Mother’ used in explanation to Article 58 should be understood as
'Grandfather' and 'Grandmother' with reference to the other expression
‘Grandchild’ used in the very same explanation. I am in complete agreement
with the judgment of the Hon’ble Mr.Justice.S.Sounthar in the case of
V.R.Chandana referred supra.
5.The fact that the order passed by the learned Single Judge has been
taken on appeal and stay has been granted, cannot tie the hands of this Court to
deal with the issue in hand since this judgment in force as on today.
6.In the light of the above discussion, the impugned refusal Check Slip
issued by the 2nd respondent dated 24.01.2025, is hereby quashed and there
shall be a direction to the 2nd respondent to register the Release Deed, if it is
otherwise in order.
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7.Accordingly, this writ petition stands allowed. No Costs.
06-03-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ssr
To
1.The Inspector General of
Registration,
No. 100,Santhome High Road,
Pattinappakkam,Chennai -600 028.
2.The Sub Registrar,
The Sub Register Office, No. 38, 3rd
Main Road, Ram Nagar, Rajalakshmi
Nagar, Velachery, Chennai -600 042.
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N.ANAND VENKATESH J.
ssr
06-03-2025
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