High Court · 2025

W.P.No.3284 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.03.2025 CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.3284 of 20251.HSQ SEVENTH FLOOR LLP., Represented by hits authorized Signatory, Mr.P.Sundar, Having office at No.4, Jayalakshmipuram, 1st street, Nungambakkam, Chennai – 600 034.2.Y.M.R.Prasoona.. PetitionersVs.1.State of Tamil Nadu, Represented by Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai – 600 009.2.Inspector General, Registration Department, Secretariat, Fort St. George, Chennai – 600 009.3.Regional Deputy Inspector General, Madras Zone, Registration Department, Chennai.1/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 20254.The Sub-Registrar, Alandur, 15/17, dairy farms road, Military quarters, Alandur, Chennai – 600 016... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the 3rd respondent in his proceedings No.4776/E1/2024 dated 29.10.2024 and quash the same and directing the respondents to rework the composite value arrived at by the 3rd respondent in his impugned proceedings.For Petitioners :Ms.S.Vaitheeswarifor Mr.S.SundaresanFor Respondents :Mr.B.VijayAdditional Government PleaderO R D E RThis writ petition has been filed challenging the proceedings fo the 3rd respondent dated 29.10.2024 and for a consequential direction to the respondents to rework the composite value arrived at by the 3rd respondent in the impugned proceedings.2.When the matter was taken up for hearing on 03.02.2025, this Court passed the following order:2/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 2025“Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of respondents.2.It is seen from records that the petitioners had earlier filed WP Nos.32162 and 32159 of 2024. The grievance expressed was that the petitioners had paid the full stamp duty and registration charges and inspite of the same, the document is kept as a pending document by the Sub Registrar, Alandur. When the writ petitions came up for hearing, this Court recorded the submission of the learned Special Government Pleader at Paragraph No.4 as follows :- 4.Mr.M.Shahjahan, learned Special Government Pleader, who takes notice for respondents submitted that the fixation of compounded value for the apartment complex is under way and the same will be completed within a period of four weeks. He further submitted that the document presented for registration will be considered by the third respondent after fixation of compounded value by the competent authority within a period of four weeks. The said statement is recorded.3.It is seen that the impugned proceedings which has been put to challenge in this writ petition is dated 29.10.2024 which is on the very next day after the order was passed by this Court on 28.10.2024. The learned counsel for the petitioner has taken a very specific stand that no inspection was made in 3/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 2025the presence of the petitioner and there is absolutely no calculation provided as to how the 3rd respondent has re-worked the composite value and determined the amount.4.This Court in exercise of its jurisdiction under Article 226 of the Constitution of India will not go into the calculation of the amount made by the 3rd respondent. This Court is more concerned with the speed at which the impugned proceedings was issued on the next day after this Court disposed of the writ petition. In fact, the learned Special Government Pleader was instructed that the process would take four weeks time and whereas the impugned proceedings was passed on the very next day. Hence, if the inspection was not done in the presence of the petitioner and there is no reasoning for determining the reworked composite value, this Court will consider such claim and pass appropriate orders. 5.The learned Special Government Pleader seeks for some time to take instructions. 6.Post this case under the caption “Adjourned Admission” on 10.02.2025.”3.The matter was thereafter adjourned for nearly four occasions. The learned Government Advocate appearing on behalf of the 4/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 2025respondents seeks for some more time.4.This Court has already taken note of the fact that while passing the earlier orders in W.P.Nos.32159 & 32162 of 2024 dated 28.10.2024, this Court took into consideration the fact that the respondents are in the process of fixing the compounded value and four weeks time is required for undertaking that exercise. Recording the same, the writ petitions were disposed of. Curiously, the next day on 29.10.2024, the present impugned order came to be issued by the 3rd respondent. Thus, there is an element of urgency shown by the 3rd respondent and the order passed by the 3rd respondent runs contrary to the information that was provided to this Court when the matter was disposed of on 28.10.2024.5.The main grievance that was expressed by the learned counsel for the petitioners is that there was no inspection conducted in the presence of the petitioner and there was no determination of the age of the building and no opportunity was given before fixing the compounded value.5/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 20256.The impugned order that has been placed before this Court satisfies none of these grievances expressed by the petitioner.7.In view of the above, without going into various grounds raised in this writ petition, the impugned proceedings of the 3rd respondent dated 29.10.2024 is hereby quashed. The matter is remitted back to the file of the 3rd respondent. The 3rd respondent is directed to conduct an inspection in the presence of the petitioners and shall afford opportunity to the petitioners to put forth their grounds and thereafter the 3rd respondent shall take a decision on its own merits and in accordance with law. This process shall be completed by the 3rd respondent within a period of four (4) weeks from the date of receipt of a copy of this order.8.In the result, this Writ Petition is allowed with the above directions. No costs.06.03.2025 krkIndex: Yes / NoInternet: Yes / NoNeutral Citation: Yes / No6/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 2025To1.State of Tamil Nadu, Represented by Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai – 600 009.2.Inspector General, Registration Department, Secretariat, Fort St. George, Chennai – 600 009.3.Regional Deputy Inspector General, Madras Zone, Registration Department, Chennai.4.The Sub-Registrar, Alandur, 15/17, dairy farms road, Military quarters, Alandur, Chennai – 600 016.7/8 https://www.mhc.tn.gov.in/judis W.P.No.3284 of 2025N.ANAND VENKATESH, J.krkW.P.No.3284 of 202506.03.20258/8