IN THE HIGH COURT OF JUDICATURE AT MADRAS Orders Reserved on : 09.02.2024 Orders Pronounced on : 19.06.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.32407 of 2023 --

Ranvir R Shah .. Petitioner Vs.

1. The Inspector General of Registration, Santhome, Chennai-600 004.

2. The Deputy Inspector General of Registration, Registration Department, Santhome, Chennai-600 004.

3. The District Registrar-South, Chennai.

4. The Sub-Registrar, Sub-Registrar Office, Thiruporur. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the fourth respondent herein to intimate to the petitioner the differential registration fee that is payable in respect of the release deed, dated 12.03.2021 in Doc.No.4415 of 2021 in the office of the Sub-Registrar, Thiruporur and on remittance of the same by the petitioner to forthwith return the said release deed to the petitioner.

For petitioner : Mr.AR.L.Sundaresan, Senior Counsel, assisted by Mr.L.Palanimuthu For respondents: Mr.Yogesh Kannadasan, Spl.G.P.

ORDER The petitioner has filed the present Writ Petition seeking to issue a Writ of Mandamus to direct the fourth respondent herein to intimate to the petitioner the differential registration fee that is payable in respect of the release deed, dated 12.03.2021 in Doc.No.4415 of 2021 in the office of the Sub-Registrar, Thiruporur and on remittance of the same by the petitioner to forthwith return the said release deed to the petitioner.

2. The case of the petitioner in a nut-shell is as follows:

(i) The lands of an extent of 20 acres 70 cents, forming part of 23.82 acres in Survey Nos.12, 13/1, 13/2 and 13/3 of Puupakkam Village, Vandalur Taluk, Chengalpet District, originally belonged to a Company, called M/s.Bokiyu Tanneries Limited, which had become a 'sick industrial company' and proceedings were initiated under the provisions of the Sick Industrial Companies (Special Provision) Act, 1985. In a public auction which was conducted by the Asset Sale Committee of BIFR, the said property of 23.82 acres of land(s) was conveyed for a sale consideration of Rs.3,75,00,000/- in favour of a partnership firm, viz., M/s.R.K.Textiles (India), a firm registered under Registration No.599/1996 in the office of the Registrar of Firms, Madras South and the petitioner was one of the partners of the said partnership firm.

(ii) On 13.12.2022, in pursuance of the public auction, a sale deed was executed by the Indian Bank, and from then, the said firm was the absolute owner of the said property. On 31.03.2011, the partnership firm came to be re- constituted with the petitioner herein who had exit from the frim as retiring partner and the assets and liabilities of the firm was duly recorded in the balance sheet. Further, on 14.06.2011, a deed of retirement was entered into between the continuing partners and the retiring partners. The petitioner was allotted the aforementioned land(s). On 07.06.2012, the petitioner entered into a joint development with M/s.Bennet Property Holdings Company Limited and M/s.Green Avenue Homes Pvt. Ltd. On 03.04.2013, the partnership firm executed a general power of attorney in favour of the petitioner, authorising to deal with the said properties. On 08.05.2013, exclusive possession of the land(s), was handed over to the petitioner and Patta was also transferred in his name.

(iii) The petitioner executed a Power of Attorney on 23.01.2014 in favour of M/s.Bennett Property Holdings Company Limited to deal with the said property(ies). M/s.Bennett Property Holdings Company Limited, as the Power Agent, executed two gift feeds on 20.02.2014 in favour of the Panchayat President, Pudupakkam Panchayat, gifting 3637 Sq.Mts. and 361 Sq.Mts. of th said land(s) towards open space reservation land and for road widening purpose, respectively. Thereafter, M/s.Bennett Property Holdings Company Limited started to develop the property(ies). M/s.Bennett Holdings Company Limited, by busi