Indolam Vs the State of Tamilnadu, Rep by Its — Writ and Judicial Review | Madras HC (2025)

Indolam Vs the State of Tamilnadu, Rep by Its — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the 2nd respondent (District Revenue Officer) should be directed to forthwith execute the necessary receipt/discharge deed before the 4th respondent Sub-Registrar, T.Nagar, cause cancellation of the mortgage entry over Doc. No.2053 of 1996, SRO, T.Nagar, and return the title deed to the petitioner, in compliance with the order dated 18.09.2024 of the Special Judge, TNPID Court, Chennai in Crl.M.P.No.3370 of 2023.

Court's answer

The absence of any appearance on behalf of the petitioner when the matter was listed 'For Orders' — an attempt by the Court to grant the relief — showed that the petitioner was not interested in prosecuting the case.

Ratio / Principle

The writ petition was dismissed for non-prosecution, with no order as to costs.

Detailed headnote1 paragraphs

Madras High Court (Krishnan Ramasamy, J.), by order dated 19.09.2025 in W.P.No.33376 of 2025 (INDOLAM v. State of Tamil Nadu and three others), dismissed the writ petition for non-prosecution, with no costs. The petition under Article 226 sought a writ of mandamus directing the second respondent (Competent Authority/District Revenue Officer) to execute the necessary receipt/discharge deed before the fourth respondent Sub-Registrar, T. Nagar, cause cancellation of the mortgage entry over Doc. No.2053 of 1996, SRO, T. Nagar, and return the title deed to the petitioner, in compliance with the order dated 18.09.2024 of the Special Judge, TNPID Court, Chennai in Crl.M.P.No.3370 of 2023. At the earlier hearing on 10.09.2025 the Special Government Pleader had sought time to consider the petitioner's representation for cancellation of the mortgage entry and issuance of a discharge certificate, and the matter was posted to 19.09.2025. When the matter was taken up on 19.09.2025 under the caption 'For Orders', the Government Advocate stated that the representation had been considered and the discharge certificate issued, but there was no appearance for the petitioner (whose counsel was recorded as giving 'no appearance'). Holding that the non-appearance per se showed disinterest in prosecuting the case despite the Court having listed the matter in an attempt to grant the relief, the Court dismissed the petition for non-prosecution. No precedent was cited or discussed; no substantive ruling was given on the mortgage-entry cancellation claim, and no amount or costs were awarded.

W.P.No.33376 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2025

Coram

The Honourable Mr.Justice Krishnan Ramasamy

W.P.No.33376 of 2025

INDOLAM

.. Petitioner

Vs.

1 THE STATE OF TAMILNADU

REP. BY ITS THE DISTRICT COLLECTOR, COLLECTORATE OFFICE,

SINGARAVELAR MALIGAI, RAJAJI SALAI CHENNAI, TAMIL NADU- 600 001.

2 THE STATE OF TAMIL NADU REP BY ITS THE COMPETENT AUTHORITY/ DISTRICT REVENUE OFFICER (DRO) SINGARAVELAR MALIGAI, RAJAJI SALAI,

CHENNAI TAMIL NADU- 600 001.

3 THE STATE OF TAMIL NADU

REP. BY ITS THE INSPECTOR GENERAL OF REGISTRATION SUB- REGISTRAR OFFICE NO.100

SANTHOME HIGH ROAD,

CHENNAI TAMIL NADU- 600 028.

4 THE STATE OF TAMIL NADU

REP BY ITS THE SUB- REGISTRAR SUB- REGISTRAR OFFICE

T.NAGAR CHENNAI TAMIL NADU- 017. ...Respondents

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Prayer

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd Respondent to forthwith execute the necessary receipt / discharge deed before the 4th Respondent / Sub- Registrar T.Nagar and cause cancellation of the mortgage entry over Doc. No.2053 of 1996, SRO, T.Nagar, in compliance with the Honble Special Judge TNPID Court, Chennai order dated 18.09.2024 in Crl.M.P.NO.3370 of 2023 and to return the title deed to the petitioner.

For Petitioner : Mr.S.M.Raghuram, No appearance

For Respondents 1 and 2 : Mr.C.Jayaprakash Government Advocate For Respondents 3 and 4 : Mr.Abishek Murthy Government Advocate

Order

On earlier occasion, i.e. on 10.09.2025, when the matter was taken

up for hearing, the learned Special Government Pleader, appearing for the respondents 1 and 2 made a submission that pursuant to the order passed by the Special TNPID Court, dated 18.09.2024, the petitioner has made a representation seeking for cancellation of the mortgage entry over the subject document, and hence, requested this Court to grant a week's to 2/5

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W.P.No.33376 of 2025

consider sycg representation and to issue a discharge certificate and hence, the matter was directed to be listed on 19.09.2025 (i.e. today).

2. However, when the matter is taken up, though the learned Government Advocate appearing for respondents 1 and 2 submitted that the representation made by the petitioner has been considered and discharge certificate has been issued, to ascertain the veracity of such statement, there is no appearance on behalf of the petitioner, which per se, shows that the petitioner is not interested in prosecuting the case, for, when the Writ Petition was directed to be listed today, particularly, under the caption, ''For Orders'', which is in way an attempt made by the Court to grant the relief to the petitioner, certainly, the learned counsel for the petitioner ought to have been zealous in getting further orders from this Court and is expected to appear before this Court but, the petitioner has not shown such interest. Hence, this Writ Petition is dismissed for non-prosecution. No costs.

19.09.2025

sd

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W.P.No.33376 of 2025

To

1 THE STATE OF TAMILNADU REP. BY ITS THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, SINGARAVELAR MALIGAI, RAJAJI SALAI CHENNAI, TAMIL NADU- 600 001.

2 THE STATE OF TAMIL NADU REP BY ITS THE COMPETENT AUTHORITY/ DISTRICT REVENUE OFFICER (DRO) SINGARAVELAR MALIGAI, RAJAJI SALAI, CHENNAI TAMIL NADU- 600 001.

3 THE STATE OF TAMIL NADU

REP. BY ITS THE INSPECTOR GENERAL OF REGISTRATION SUB- REGISTRAR OFFICE NO.100

SANTHOME HIGH ROAD,

CHENNAI TAMIL NADU- 600 028.

4 THE STATE OF TAMIL NADU REP BY ITS THE SUB- REGISTRAR SUB- REGISTRAR OFFICE T.NAGAR CHENNAI TAMIL NADU- 017.

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Krishnan Ramasamy,J.,

sd

W.P.No.33376 of 2025

19.09.2025

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