The Madras High Court agreed to consider, in June the Tamil Nadu government’s challenge to previous ruling. The dispute centers on the calculation of stamp duty and registration fees for immovable properties. The government argues that the fees should be based on the 2017 Guideline value, which reflects a 33% reduction, rather than the older 2012 valuation.
In a firm directive, Justices S.M. Subramaniam and K. Rajasekar ordered the government to immediately comply with their March 6, 2024 ruling on stamp duty collection. This action comes amidst a contempt of court petition filed against the state for failing to adhere to previous orders.
Despite a government advocate urging an earlier hearing before the high court’s summer recess beginning May 1st, the judge indicated scheduling constraints and confirmed the review petition could be heard only after summer vacation. In the December 18th, 2023 ruling, Justice P. Velumurugan sided with the Chennai chapter of CREDAI(Confederation of Real Estate Developers Association of Chennai) in their writ petition. His decision mandated the use of 2012 guideline values for calculating stamp duty and registration charges.
The government contested Justice Velumurgan’s December 2023 order by filing an appeal. However, the Division Bench dismissed the appeal last month, upholding the single judge’s decision. Undeterred, the government filed a review petition along with a request to waive the requirement of producing a certified copy of the judgment. The court granted the waiver on Friday but deferred the review petition hearing until after the summer vacation. Counsel for CREDAI argued that the government lacked sufficient grounds for review and should consider a direct appeal to the Supreme Court.