N.Sridhar v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI N.Sridhar

...Petitioner

vs.

1. The General Manager, Vigilance Department, Indian Bank, No.66, Rajaji Salai, Chennai - 600 001.

2. The Zonal Manager (South), Indian Bank, Zonal Office, Chennai South, No.55, Ethiraj Salai, Egmore, Chennai - 600 008.

3. The Assistant General Manager, Indian Bank, T.Nagar Branch, No.7, Panakal Park, Prakasam Road, Parthasarathipuram, T.Nagar, Chennai - 600 017.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to release the 1/6

property documents of the petitioner deposited with the third respondent bank at the time of availing housing loan, to issue hypothecation termination letter for the vehicle loan and permit the petitioner to open safety deposit locker maintained with the third respondent bank based on the representation dated 21.11.2022.

For Petitioner : Mr.S.P.Sudalaiyandi

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to release the property documents of the petitioner deposited with the third respondent Bank at the time of availing housing loan, to issue hypothecation termination letter for the vehicle loan and permit the petitioner to open safety deposit locker maintained with the third respondent bank based on the representation dated 21.11.2022.

2. In view of the order being passed, this Court is of the view that the respondents needs no notice and the notice to the respondents is dispensed with.

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3. The case of the petitioner is that he is working as an Assistant Manager in the third respondent's Bank and he availed housing loan and vehicle loan from the said Bank by mortgaging his property and vehicle. The petitioner has been paying the EMI as per the loan agreement without any default and settled the same in the year 2009. In order to release the documents from the respondent Bank, the petitioner made a representation dated 21.11.2022 before the third respondent. Since the same was not considered, the present writ petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised in the present writ petition, it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 21.11.2022 and pass appropriate orders within the time frame that may be fixed by this Court.

5. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the petitioner to send a copy of the representation dated 21.11.2022 along with a copy of this order 3/6

to the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the said representation made by the petitioner and pass appropriate orders within a period of four weeks thereafter.

6. This Writ Petition is accordingly disposed of. No costs. 07.03.2023 RAP Index :

Yes/No Speaking order :

Yes/No 4/6

To

1. The General Manager, Vigilance Department, Indian Bank, No.66, Rajaji Salai, Chennai - 600 001.

2. The Zonal Manager (South), Indian Bank, Zonal Office, Chennai South, No.55, Ethiraj Salai, Egmore, Chennai - 600 008.

3. The Assistant General Manager, Indian Bank,T.Nagar Branch, No.7, Panakal Park, Prakasam Road, Parthasarathipuram, T.Nagar, Chennai - 600 017.

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M.DHANDAPANI, J.

RAP 07.03.2023 6/6