S.Manoharan Vs K.R.M.Chit Funds Pvt. Ltd.

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to cancel the mortgage deed registered as Document No.4290 of 2014 dated 30.06.2014 on the file of the SRO, Arani, on receipt of mortgage amount of Rs.3,50,000/- and to return the documents of title along with the cancelled mortgage in respect of the mortgaged property to the petitioner based on the representation dated 27.10.2025.

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For Petitioner : Mr.S.Baskar

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https://www.mhc.tn.gov.in/judis

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W.P.No.47308 of 2025

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O R D E R

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The petitioner seeks a direction to the respondents to cancel the mortgage deed registered as Document No.4290 of 2014 dated 30.06.2014 on the file of the SRO, Arani, on receipt of mortgage amount of Rs.3,50,000/- and to return the documents of title along with the cancelled mortgage in respect of the mortgaged property to the petitioner based on the representation dated 27.10.2025.

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2.According to the petitioner, he had mortgaged his property with the 1^st respondent. Now, the 1^st respondent Company is under liquidation and action has been taken against the 1^st respondent Company in Comp.Petn.No.279 of 2016 before this Court. However, it is the grievance of the petitioner that, though the petitioner is ready to pay the entire mortgage amount, the 1^st respondent Company is not cancelling the mortgage deed, nor is returning his documents pertaining to the property. In this regard, the petitioner has also given a representation to the Official Liquidator on 27.10.2025. Since the same did not evoke any response, the petitioner has come forward with this writ petition for a mandamus as stated

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supra .

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https://www.mhc.tn.gov.in/judis

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W.P.No.47308 of 2025

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3.When the petitioner is aware of the fact that the 1^st respondent Company is under liquidation and an Official Liquidator has already been appointed in the Company Petition in Comp.Petn.No.279 of 2016 before this Court, it is for the petitioner to approach the learned Official Liquidator for redressing his grievance and no direction can be issued by way of a mandamus directing the 1^st respondent or the Official Liquidator to receive only the mortgage amount without interest or to cancel the mortgage deed. Hence, the petitioner has to only approach the Official Liquidator to work out his remedy.

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4.With these observations, this writ petition is disposed of. No costs.

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11.12.2025

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mkn

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Internet : Yes Index : Yes / No Speaking order : Yes / No Neutral Citation : Yes

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https://www.mhc.tn.gov.in/judis