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2024 Supreme(Mad) 407
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Sanjay V. Gangapurwala, Mummineni Sudheer Kumar, JJ.
The Inspector General of Registration and Another – Appellants
Versus
Santha and Another – Respondents
W.A. (MD) No. 321 of 2024 & C.M.P. (MD) No. 2988 of 2024
Decided On : 01-03-2024
For the Appellant :Veera Kathiravan, Additional Advocate General, S. Shanmugavel, Additional Government Pleader.
For the Respondent:J. Bharathan, T.R. Jeyapalam, Advocates.
IMPORTANT POINT
The court's decision was influenced by the pendency of the writ petition on merits and the opportunity for the parties to present their submissions before the learned Single Judge.
Headnote:
Interim Order - Sale Certificate - The court allowed the writ petition on an interim basis, directing the acceptance of the sale certificate without insisting on filing fee, subject to the result of the writ petition. The court also directed an endorsement regarding the pendency of the writ petition to be filed.
Fact of the Case:
The writ appeal was filed against an interim order directing the acceptance of a sale certificate without insisting on filing fee, subject to the result of the writ petition.
Finding of the Court:
The court found that the apprehension of the appellants was taken care of as the writ petition was yet to be decided on merits, and the parties were allowed to put forth their submissions before the learned Single Judge.
Issues: The main issue was the validity of the interim order directing the acceptance of the sale certificate without filing fee, subject to the result of the writ petition.
Ratio Decidendi: The court's decision was based on the fact that the writ petition was still pending adjudication on merits, and the parties were allowed to present their submissions before the learned Single Judge.
Final Decision: The writ appeal was disposed of with no costs, and the connected miscellaneous petition was closed.
JUDGMENT :
Sanjay V. Gangapurwala, J.
(Prayer : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 29.11.2023, passed in W.P.(MD) No.26969 of 2023, on the file of this Court.)
1. Heard Mr.Veera Kathiravan, learned Additional Advocate General assisted by Mr.S.Shanmugavel, learned Additional Government Pleader for the appellants and Mr.J.Bharathan, learned counsel, representing Mr.T.R.Jeyapalam, learned counsel, for the respondents.
2. Learned Additional Advocate General submits that the writ petition is still pending adjudication on merits. By way of an interim order, the writ petition is finally allowed. According to the learned Additional Advocate General, the said order could not have been passed.
3. Learned counsel for the respondents submits that the sale certificate is dated 22.08.2008 and the same has been sent by the I Additional Sub Court, Madurai, to the Sub Registrar on 22.12.2008. The Government Order bearing G.O.(Ms) No.28, Commercial Taxes and Registration Department, relied upon by the appellants is dated 23.03.2023. The same would not have retrospective effect.
4. We have considered the submissions canvassed by the learned counsels.
5. This writ appeal is filed against the interim order. The interim order directs that the sale certificate, mentioned above, shall be accepted without insisting upon filing fee. Such filing fee will be subject to the result of the writ petition. Further direction is given to make an endorsement regarding pendency of the writ petition by filing the document.
6. Learned counsel for the original writ petitioner, on instructions of the original writ petitioners, undertakes to pay the filing fee as demanded, in case the writ petition is dismissed.
7. In view of that, the apprehension of the appellants is taken care of. The writ petition is yet to be decided on merits. The parties may putforth their submissions before the learned Single Judge.
8. The writ appeal is, accordingly, disposed of. No costs. Consequently, connected miscellaneous petition is closed.
