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2025 Supreme(Online)(Mad) 9737

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE B.PUGALENDHI
Renuka @ Renuka Devi – Appellant
Versus
The District Collector – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.(MD)No.27782 of 2025

1.Renuka @ Renuka Devi

2.Maheswari

3.Parameswari ... Petitioners Vs.

1.The District Collector, Karur District, Karur.

2.The Assistant District Collector, Rehabilitation, Karur District, Karur.

3.The District Registrar, Karur District, Karur.

4.The Sub Registrar, Velayuthampalayam Sub Registrar Office, Karur District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to direct the second respondent to consider the petitioner’s representation dated 30.10.2025 and to return the original sale deed No.622/2024 on the file of the fourth respondent.

For Petitioner : Mr.R.Mathiyalagan For Respondents : Mr.K.Balasubramanian, Special Government Pleader.

ORDER

This writ petition has been filed to direct the second respondent to consider the petitioner’s representation dated 30.10.2025 and to return the original sale deed No.622/2024 on the file of the fourth respondent.

2.The learned counsel for the petitioners submits that the petitioners, who are all Srilankan refugees, are working as agriculture coolie. Their brother, one Muthusamy, who is also a refugee, has mortgaged his property for a sum of Rs.4,000/- before the second respondent, on 31.01.1985. According to the learned counsel for the petitioners, at the time of execution of the mortgage, the petitioners’ brother has handed over the original sale deed ie., document No.622/1984 to the second respondent. However, this loan was waived by the Tamil Nadu Government and therefore, the petitioners’ brother is entitled for return of the original sale deed in Doc.No. 622/1984 by cancelling the mortgage deed. The learned counsel for the petitioners submits that the petitioners’ brother died in a road accident, on 03.07.2021 and the petitioners are only legal heirs of Muthusamy. Therefore, they have submitted a representation to return the original sale deed in Doc.No.622/1984 by cancelling the mortgage deed. Since no action has been taken on the representation of the petitioners, they have filed the present writ petition.

3.The learned Special Government Pleader appearing for the respondents submits that the original sale deed, which was handed over to the second respondent, is of the year 1984 and if the loan provided to the Srilanka refugees was waived by the Government, there cannot be any impediment in cancelling the mortgage deed. Therefore, he seeks time to get instructions as to whether the loan borrowed by the petitioners’ brother has been waived by the Government of Tamil Nadu.

4.The petitioners are Srilanka refugee and their brother mortgaged his property for a loan provided for the Srilankan refugee in the year 1985. The petitioner claims that the loan has been waived by the Government of Tamil Nadu. In that event, the respondents, after verification, are directed to cancel the mortgage deed registered by the fourth respondent in Doc.No.65 of 1985 and consequently, the second respondent is directed to return the original sale deed in Doc.No.622 of 1984 to the petitioners, after ascertaining that the petitioners are the legal heirs of Muthusamy. Let this exercise be completed within a period of six weeks from the date of receipt of a copy of this order.

5.With the above directions, this writ petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

08.12.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To

1.The District Collector, Karur District, Karur.

2.The Assistant District Collector, Rehabilitation, Karur District, Karur.

3.The District Registrar, Karur District, Karur.

4.The Sub Registrar, Velayuthampalayam Sub Registrar Office, Karur District.

B.PUGALENDHI,J gns

08.12.2025

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