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2005 DIGILAW 163 (MAD)

Sridhara Electrotek, Rep by Partner: K. Baskaran v. The Joint Director, Director of Industries & Commerce (Electrical & Electronics),

2005-02-01

K.P.SIVASUBRAMANIAM

body2005
Judgment :- 1. Ms. S. Venkatesh, learned Special Government Pleader takes notice for the respondents. Heard both sides. 2. The petitioner prays for a writ of mandamus to direct the second and third respondent to release the sale deed dated 5.3.2002 executed by the first respondent in favour of the petitioner. 3. It is stated by the petitioners counsel that the sale deed was registered as Document No. 5257 of 2004 at the office of the third respondent and it is also stated that the third respondent is insisting for payment of Registration Charges as per the guideline value on the Sale Consideration mentioned in the sale deed. 4. It is needless to mention that when the vendor happens to be either the Government or the Government undertaking like Chennai Metropolitan Development Authority etc., there is no justification on the part of the Registration officer to insist for the stamp duty to be paid on any other amount than the said consideration actually recited in the sale deed. The Purchasers cannot be alleged to have paid more than what is recited in the document. 5. With the result, the writ petition is allowed as prayed for. The third respondent is directed to register the document as expeditiously as possible.