R THIAGARAJAN Vs. INSPECTOR GENERAL OF REGISTRATION, CHENNAI

JUDGEMENT

(1.) Since there are two conflicting judgments rendered by different Division Benches, the learned Single Judge, referred the matter to the Full Bench.

(2.) The Petitioner filed the Writ Petition to issue a Writ of Mandamus, directing the respondents to return the original sale deed executed in Document No.2675 of 2012, dated 15.03.2012 on the file of the 2nd respondent to the petitioner and further directing the respondents to refund the excess stamp duty of 2% already paid by the petitioner within a time frame.

(3.) The petitioner purchased the property comprised in S.F.Nos. 263, 268 and 268/1 situated at Allinagaram in the public auction conducted by the Syndicate Bank on 31.12.2011. The petitioner had purchased the property for a sum of Rs.1.03 crores. The bank had invoked the provisions of the SARFAESI Act for conducting the said auction. The bank also issued the Sale Certificate, which was registered as Document No.2675 of 2012, dated 15.03.2012. However, the 3rd respondent, who received the Sale Certificate for registration, insisted that the petitioner should pay the stamp duty as per the market value. The petitioner contended that he is liable to pay the stamp duty only in terms of the sale consideration set out in the Sale Certificate. Since the respondents declined to accept the said stand of the petitioner, he has filed the above Writ Petition.