IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

WP.NO.13001 OF 2016

AND

WMP.NOS.11355 & 11356 OF 2016

AND

WMP.NOS.29542 OF 2016, 27533 OF 2019 & 19040 OF 2021

M/s.Ceebros Hotels Pvt.Ltd.,

Rep. by its Authorized Signatory/GM,

R.V.Sundar, 'Sukriti',

No.19/1, 3^rd Cross Street,

R.A.Puram, Chennai 600 028

… Petitioner

Vs

1. The State of Tamilnadu,

Rep. by its Secretary,

Commercial Taxes / Registration,

Fort St.George,

Chennai 600 009

2. The Inspector General of Registration,

Mylapore,

Chennai 600 028

3. The Sub Registrar,

Periamet,

Chennai 600 003

4. M/s.S.Chand & Company Ltd.,

Ravindra Mansion,

Ram Nagar,

New Delhi 110 055

5. M/s.Shaara Hospitalities Pvt.Ltd.,

No.7361, Ram Nagar Pahar Ganj,

New Delhi 110 055

(R4 & 5 impleaded as per Order dated

07.06.2016 in WMP.No.16395 of 2016

in WP.No.13001 of 2016)

… Respondents

https://hcservices.ecourts.gov.in/hcservices/

Prayer :- Writ Petition is filed under Article 226 of the

Constitution of India praying to issue a Writ of Certiorarified

Mandamus calling for records on the file of third respondent in

Check Slip No.1/2016 dated 31.03.2016 and quash the same as

unconstitutional, illegal, invalid, arbitrary and without

jurisdiction and also being contrary to the provisions of the

Indian Registration Act, 1908 and Stamp Act and consequently

forbearing the Respondents from initiating any further

proceedings thereof.

For Petitioner

: Mr.Abdukumar Rajarathinam

for Mr.V.S.Senthil Kumar

For RR1 to 3

: Mr.J.Ravindran,

Additional Advocate General

Assisted by

Mr.Richardson Wilson,

Government Advocate

For R4 & 5

: Mr.V.Venkadasalam

ORDER

This writ petition is filed to issue a Writ of

Certiorarified Mandamus calling for records on the file of the

third respondent in Check Slip No.1/2016 dated 31.03.2016 and

quash the same as unconstitutional, illegal, invalid, arbitrary

and without jurisdiction and also being contrary to the

provisions of the Indian Registration Act, 1908 and Stamp Act and

consequently forbearing the Respondents 1 to 3 from initiating

any further proceedings thereof.

2. The property comprised in RS.No.1619/1, Block No.50

bearing new No.3, old No.2 situated at Montieth Road, Egmore,

Chennai admeasuring 30 grounds and 1800 sq.ft. (hereinafter

called as 'subject property') was owned by S.R.Y. Sivarama Prasad

Bahadur by the partition deed dated 08.08.1960. It was allotted

to S.R.Y.Padmanaba Prasad Bahadur and sold out by registered sale

deed dated 15.07.1972 vide document No.3913 of 1972 to M/s.Hotel

Atlantic Private Limited. Subsequently, M/s.Hotel Atlantic

Private Limited was changed to M/s.Atlantic Hotels Private

Limited and amalgamated with S.Chand and Company Limited, S.Chand

Hotels Private Limited and S.C.Hotels Tourist Deluxe Private

Limited and Shaara Hospitalities Private Limited and S.Chand

Properties Private Limited i.e. fourth and fifth respondents

herein. The petitioner is being a property developer had

https://hcservices.ecourts.gov.in/hcservices/

negotiations with fifth respondent to purchase the subject

property for total sale consideration of Rs.142 crores.

Accordingly, the petitioner purchased the subject property by the

registered sale deed dated 19.09.2013 registered vide document

No.2308 of 2013 on the file of the third respondent. After

purchase, the petitioner was issued patta by the Tahsildar,

Egmore.

2.1 The scheme of amalgamation was sought to be

registered and the same was kept pending vide document No.P3 of

2013 on the file of the third respondent on the query raised by

the third respondent as to whether the order of this Court

CP.No.167 of 2011 dated 14.09.2012 would attract stamp duty. The

second respond