1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.9033 of 2011 M/s.Phoenix ARC Private Ltd., 7th Floor, Dani Corporate Park, No.158, C.S.T.Road, Kalina, Santacruz (E), Mumbai - 400 098, represented by its Authorized Signatory. ... Petitioner Vs. 1.The Inspector General of Registration, Government of Tamil Nadu, Santhome High Road, Chennai - 600 004. 2.The District Registrar, (In the cadre A.I.G. of Registration), District Registrar Office, Tiruchirappalli. 3.The Joint Sub Registrar - I, District Registrar Office, Tiruchirappalli. ... Respondents PRAYER:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings Na.No.I2/Aa1.2011 dated 02.03.2011 in respect of Deed of Assignment dated 30.12.2010 taken on file in Pending Document No.P 7/2011 on the file of the third respondent and quash the same and consequently, direct the respondents 2 and 3 to register the said Deed of Assignment dated 30.12.2010 and return the said document to the petitioner within a time frame to be specified by this Court. For Petitioner ... Mr.V.Veerapandian For Respondents ... Mr.R.Anandha Raj, Govt. Advocate ORDER This writ petition has been filed by the petitioner to issue a Writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings Na.No.I2/Aa1.2011 dated 02.03.2011 in respect of Deed of Assignment dated 30.12.2010 taken on file in Pending Document No.P 7/2011 on the file of the third respondent and quash the same and consequently, direct the respondents 2 and 3 to register the said Deed of Assignment dated 30.12.2010 and return the said document to the petitioner within a time frame to be specified by this Court. 2. Heard the learned Counsel for the petitioner and Mr.R.Anandha Raj, learned Government Advocate who takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The petitioner is an Asset Reconstruction Company duly certified by the Reserve Bank of India in terms of Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 54 of 2002. Certain debts were assigned to the petitioner's Company by M/s Indian Overseas Bank, Salem Branch and consequent to assignment certain properties came to be vested with the petitioner. The petitioner paid a stamp duty on the basis of notification No.II(2)/CT/157(f-1)/2005 issued in exercise of powers under clause (a) of Sub-Section (1) of Section 9 of the Indian Stamp Act, 1988. 4. While so, the impugned show cause notice was issued by the second respondent calling upon the petitioner to pay higher stamp duty. A reply was submitted by the petitioner on 08.04.2011 to the District Registrar/second respondent and on 14.03.2011 to the third respondent. The petitioner relies upon the proceedings of the Inspector General of Registration/first respondent in g.K.vz; 3805/P1/2010 dated 21.06.2011 r/w G.O.Ms.No.21 CT, dated 04.03.2005, in support of his plea that he is not entitled to pay higher stamp duty in view of the notification. He pleads that the representation made in this regard has to be considered on merits. 5. In view of the above, the second respondent is directed to consider the explanation submitted by the petitioner in the light of the order passed by the first respondent referred to supra and take a final decision on merits, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court does not express any opinion about the merits of the petitioner's claim and the Authority shall decide the matter on its own merits. 6. The writ petition is ordered as above. No costs. SD DEPUTY REGISTRAR ( Writs ) /TRUE COPY/ ASST REGISTRAR ssl To: 1.The Inspector General of Registration, Government of Tamil Nadu, Santhome High Road, Chennai - 600 004. 2.The District Registrar, (In the cadre A.I.G. of Registration), District Registrar Office, Tiruchirappalli. 3.The Joint Sub Registrar - I, District Registrar Office, Tiruchirappalli. DM::2011:AUGUST:29:: W.P.(MD)No.9033 of 2011 11.08.2011 2p:4c:: https://hcservices.ecourts.gov.in/hcservices/