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Madras High CourtWP(MD)/10549/2024disposed of

K.S.Kasimaris Ceramique Pvt. Ltd., v. The District Registrar (Admin)

2025-10-07Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 08.08.2025 PRONOUNCED ON : 07.10.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 10549 of 2024 and W.M.P(MD)No. 9465 of 2024 K.S.Kasimaris Ceramique Pvt Ltd., Represented by its Managing Director, K.S.Anantharaman.

... Petitioner Vs.

1. The District Registrar (Admin), Tuticorin, Tuticorin District.

2. The Sub-Registrar, Kommadikottai Sub-Registrar Office, Tuticorin District.

3. The Sub-Registrar, Kayalpattinam Sub-Registrar Office, Tuticorin District.

4. Thirunamam

5. Deepasundaram

6. Nandini Devi

7. Sundar

8. Sholan R.Selvin

9. Saminathan ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the 1st respondent in Muu.Mu.No. 4220/AA4/2023 dated 25.09.2023 and quash the same and consequentially direct the respondents 1 to 3 to declare the Doc.No.1435 of 2017 dated 13.07.2017, Doc.Nos. 1458 and 1459 of 2017 dated 14.07.2017 and Doc.Nos. 722 and 725 of 2021 dated 21.04.2021 registered on the file of the 2nd respondent and 3rd respondent office as fraudulent on the basis of Circulars dated 25.04.12, 31.07.18 and 09.12.18 and make an endorsement in the Encumbrance Certificate to that effect.

For Petitioner : Mr. H. Arumugam For Respondents : Mr. S. Saji Bino, Special Government Pleader for R-1 to R-3 Mr.M.P.Senthil, for R-7 & R-8 Mr.B. Sargunam, for R-9

ORDER

This Writ Petition is filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of the 1st respondent dated 26.09.2023 and consequently direct the respondents 1 and 2 to declare the documents registered on the file of the 2nd respondent office as fraudulent on the basis of Circulars dated 25.04.2012, 31.07.2018 and 09.12.2018 and make an endorsement in the Encumbrance certificate to that effect. 2/5

2. Even though the petitioner initially sought larger relief, he is now restricting his prayer to a simple direction.

3. In the impugned order, the first respondent has elaborately considered the matter. However, at the time of such consideration, the petitioner had already filed a civil suit. But the official respondents after elaborate consideration had made some observations in favour of the petitioner but declined relief and directed the petitioner Trust to pursue the remedy through that suit. Therefore, the petitioner is aggrieved for not granting the relief.

4. It is seen the petitioner has filed the suit in O.S.No.151 of 2019 on the file of the District Munsif Court, Tiruchendur and the same is in trial stage.

5. Therefore, the trial court is directed to consider the suit within a period of six months from the date of receipt of a copy of this order. With these directions, this writ petition is disposed of. No Costs. Consequently connected miscellaneous petition is closed.

07.10.2025 NCC : Yes / No [2/2] Index : Yes / No Internet : Yes Ksa 3/5

To

1. The District Registrar (Admin), Tuticorin, Tuticorin District.

2. The Sub-Registrar, Kommadikottai Sub-Registrar Office, Tuticorin District.

3. The Sub-Registrar, Kayalpattinam Sub-Registrar Office, Tuticorin District.

4/5

S.SRIMATHY , J.

Ksa W.P(MD)No.10549 of 2024 DATED : 07.10.2025 5/5