Madras High CourtWP/5166/2018disposed of

Rathinasamy v. The Chairman

2018-03-08Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.5166 of 2018 Rathinasamy Son of Ramasamy ... Petitioner vs.

1.The Chairman 2.The Vice President 3.The Deputy General Manager 4.The Manager Tamil Nadu Industrial Co-op. Bank Ltd., Tirupur Branch, SH19, Ram Nagar, Kumar Nagar, Tirupur - 641 602.

..Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4th respondent to return the title deeds dated 23.12.1996 registered in document No.25/1996 before the Office of the Joint-II Sub Registrar, Tirupur which was deposited while availing the bank loan.

For Petitioner : Mr.K.Vignesh Karthick For Respondents : Mrs.T.Girija Government Advocate

O R D E R

Mrs.T.Girija, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the fourth respondent to return the title deed dated 23.12.1996 registered as Document No.25 of 1996, which according to the petitioner was deposited before the fourth respondent Bank at the time of availing Bank loan.

3. The grievance of the petitioner is that even though he has settled the loan as early as on 31.05.2011 and no amount is due from the petitioner to the fourth respondent Bank, the said title deed is not returned to the petitioner so far. Ventilating such grievance, the petitioner has already made a representation on 30.12.2017.

4. Therefore, it is for the fourth respondent Bank to consider the said representation and pass orders on the same on merits and in accordance with law, as this Court, is not expressing any view on the merits of the claim made by the petitioner. Thus, this writ petition is disposed of, only with a direction to the fourth respondent Bank to consider the representation of the petitioner dated 30.12.2017, after hearing the petitioner. Such exercise shall be done by the fourth respondent Bank within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The Chairman

2.The Vice President 3.The Deputy General Manager 4.The Manager Tamil Nadu Industrial Co-op. Bank Ltd., Tirupur Branch, SH19, Ram Nagar, Kumar Nagar, Tirupur - 641 602.

+1cc to Mr.K.Vignesh Karthick, Advocate, S.R.No.17595 WP.No.5166 of 2018 CS/26/03/18