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Madras High CourtWP/7936/2019disposed of

L.Gowri v. The Branch Manager

2019-03-20Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7936 of 2019 L.Gowri

...Petitioner

Vs.

The Branch Manager Syndicate Bank No.240, Pollachi Main Road, Udumalpet.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to cancel the registration of Memorandum of deposit of title deed dated 09.03.2007 registered as Doc.No.1821 of 2007 on the file of the Sub-Registrar, Udumalpet, by considering the petitioner's representation dated 22.02.2019. For Petitioner :

Mr.D.R.Arun Kumar For Respondent :

Mr.M.A.Abdul Wahab for Mr.K.V.Subramanian O R D E R Mr.M.A.Abdul Wahab, learned counsel takes notice for the respondent. 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 respondent-Bank to cancel the registration of Memorandum of deposit of Title Deed dated 09.03.2007 registered as Document No.1821 of 2007 on the file of the Sub-Registrar, Udumalpet, by considering her representation dated 22.02.2019.

3. According to the petitioner, the loan availed by her from the respondent-Bank, by deposit of Title Deed was re-paid in its entirety and therefore, the Memorandum of deposit of Title Deed dated 09.03.2007 executed by the petitioner as stated supra has to be cancelled.

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4. The grievance of the petitioner is that the respondentBank has not taken steps to cancel the said Memorandum of deposit of Title Deed. Ventilating such grievance, the petitioner made a representation on 22.02.2019.

5. If the petitioner has already paid the entire loan amount and if there are no arrears, I do not think that there will be any impediment for the respondent-Bank to cancel the Memorandum of deposit of Title Deed. In any event, as it is for the respondent to consider the claim of the petitioner made through her representation dated 22.02.2019, this Writ Petition is disposed of, only by directing the respondent to pass orders on the said representation within a period of three weeks from the date of receipt of a copy of this order. No costs. MK Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Branch Manager Syndicate Bank No.240, Pollachi Main Road, Udumalpet.

+1cc to Mr.D.R.Arun Kumar, Advocate, SR.No.27036 W.P.No.7936 of 2019 Kak(09/05/2019) https://hcservices.ecourts.gov.in/hcservices/