A.Arul Sahayaraj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Arul Sahayaraj .. Petitioner Vs.
1.The State of Tamilnadu represented by, The Sub Registrar, Sub Registrar's office, Madurai South Join-I, Madurai.
2.The Manager, Sundaram Finance Limited, No.11/1B, First Floor, G.V.complex, By-pass Road, Madurai-625010.
.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to cancel the Doc.No.5 of 2015, dated 09.03.2015 registered in favour of the second respondent, based on the representation dated 28.10.2017 and petitioner's representation dated 17.06.2025 within a specific period as fixed by this Court. For Petitioner : Mr.S.Balaji For Respondents : Mr.D.Sasikumar (for R1) Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent to cancel the Doc.No.5 of 2015, dated 09.03.2015 registered in favour of the second respondent, based on the representation dated 28.10.2017 and petitioner's representation dated 17.06.2025. 2.The brief facts, as stated in the writ petition, are that the petitioner obtained a loan of Rs.4,00,000/- from the second respondent by executing mortgage deed in Doc.No.5 of 2015, dated 09.03.2015. According to the petitioner, the entire loan amount was repaid and the second respondent also issued 'No Due Certificate' and 'No Objection Certificate'. However, despite the same, the first respondent refused to cancel the mortgage deed in Doc.No.5 of 2015, dated 09.03.2015.
3.Therefore, this Court is of the considered opinion that the first respondent has blindly refused the petitioner's claim. If the second respondent has any doubt regarding the 'No Due Certificate' and the 'No Objection Certificate', the first respondent may ascertain the genuineness of the above said certificate by forwarding the same to the second respondent for verification. 2/5
4.In view of the above, this writ petition stands disposed of with the following orders;
4.1.The petitioner is directed to submit 'No Due Certificate' and the 'No Objection Certificate' along with the petition to the first respondent within a period of four weeks from the date of receipt of a copy of this order. 4.2.On receipt of the same, the first respondent is directed to send the copies to the second respondent to ascertain the genuineness of the above said certificate within a period of one week thereafter.
4.3.After receipt of the genuineness, the first respondent is directed to act upon the same.
No costs.
04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg 3/5
To 1.The State of Tamilnadu represented by, The Sub Registrar, Sub Registrar's office, Madurai South Join-I, Madurai.
2.The Manager, Sundaram Finance Limited, No.11/1B, First Floor, G.V.complex, By-pass Road, Madurai-625010.
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S.SRIMATHY , J.
vsg ORDER MADE IN DATED : 04.07.2025 5/5