B.Shivaji vs The Registrar General
2025 Latest Caselaw 4700 Mad

Citation : 2025 Latest Caselaw 4700 Mad
Judgement Date : 10 June, 2025

Madras High Court

B.Shivaji vs The Registrar General on 10 June, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                       W.P.No.17735 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                              DATED :            10.06.2025
                                                         CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                            AND
                   THE HONOURABLE MRS.JUSTICE GOVINDARAJAN THILAKAVADI
                                              W.P.No. 17735 of 2025
                                                      and
                                             W.M.P.No. 20005 of 2025

                B.Shivaji                                                                  ... Petitioner

                                                              Vs.
                1.The Registrar General,
                 High Court of Madras,
                 High Court Campus, Madras - 600 104.

                2.The Principal Secretary to Government,
                  Home (Court V) Department,
                  Fort. Saint George, Chennai – 9.

                3.The Principal District Judge,
                  Dharmapuri.

                4.The Principal Accountant General (A and E),
                  AG's Office (Audit) Complex,
                  Anna Salai, Roast Revor Garden,
                  Teynampet, Chennai – 600 018.

                5.The District Treasury Officer,
                  Dharmapuri.

                6.The Subordinate Judge,
                  Harur,
                  Dharmapuri District.                                                 ... Respondents


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                                                                                                  W.P.No.15422 of 2025




                PRAYER: Writ Petition filed under Article 226 of the Constitution of India
                parying to issue a Writ of Certiorarified Mandamus, calling for the records
                which culminated in the Order dated 02.12.2024 passed by the 6th respondent
                and all actions taken pursuant thereto and quash the same and consequently
                pass an order directing the respondents to return the amount that had been
                recovered from the petitioner under the ROC.No.613 of 2022 order dated
                02.12.2022.
                                       For Petitioner                   : Mr.A.Sakthivel
                                       For Respondents                  : Mr.N.Palanimuthu
                                                                          Standing Counsel for R1, R3 & R6
                                                                          Mr.P.Anandakumar
                                                                          Government Advocate for R2 & R5
                                                                      ******


                                                                  ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.)

Aggrieved by the order of re-fixation as well as the recovery dated

02.12.2024, the petitioner has come up with this writ petition.

2. As regards the recovery, the issue is covered by the judgment of the

Hon'ble Supreme Court in State of Punjab and Others Vs. Rafiq Masih (White

Washer's case) reported in AIR 2015 SC 696. As regards the re-fixation, we

do not see any grievance for the petitioner as the wrong fixation has been

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rectified. Hence, while sustaining the re-fixation, we only set aside the order of

recovery. Any amount recovered pursuant to the orders impugned in this writ

petition, the same shall be repaid to the petitioner within a period of twelve

weeks from the date of receipt of a copy of this order.

3. Accordingly, this Writ Petition is partly allowed, while sustaining the

order of re-fixation, the order of recovery alone is set aside. No costs.

Consequently, the connected miscellaneous petition is closed.

                                                                                 (R.S.M., J.)    (K.G.T., J.)
                                                                                         10.06.2025

                kkn
                Index                  : No
                Neutral Citation       : No
                Speaking order




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                To
                1.The Registrar General,
                 High Court of Madras,

High Court Campus, Madras - 600 104.

2.The Principal Secretary to Government, Home (Court V) Department, Fort. Saint George, Chennai – 9.

3.The Principal District Judge, Dharmapuri.

4.The Principal Accountant General (A and E), AG's Office (Audit) Complex, Anna Salai, Roast Revor Garden, Teynampet, Chennai – 600 018.

5.The District Treasury Officer, Dharmapuri.

6.The Subordinate Judge, Harur, Dharmapuri District.

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R.SUBRAMANIAN, J.

and K.GOVINDARAJAN THILAKAVADI, J.

KKN

and