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Madras High CourtWP/16105/2025disposed of

Muralidharan, v. The Assistant Director,

2025-06-02Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Mr.Muralidharan Petitioner(s) Vs The Assistant Director, India Tourism-Chennai, Ministry Of Tourism, Government Of India, No.154, Anna Salai, Chennai-600002.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 05.03.2025 and pass orders on the same by debuting the authorized officer to come and execute a necessary deed of receipt by cancelling the mortgage deed dated 20.02.1981 registered as document No.434 of 1981 registered on the file of the Sub Registrar Alandur and to pass any other order or direction as this Court.

2/6 For Petitioner(s):

Mr.Na.Malai Saravanan For Respondent(s):

Mr.Rabu Manohar Central Government Senior Panel Counsel

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondent to consider the representation made by the petitioner on 05.03.2025, wherein, the petitioner is seeking for the cancellation of the Mortgage Deed dated 20.02.1981, registered as Document No.434 of 1981 on the ground that the entire loan amount was settled by the father of the petitioner during his life time.

2.Heard Mr.Na.Malai Saravanan, learned counsel appearing on behalf of the petitioner and Mr.Rabu Manohar, learned Central Government Senior Panel Counsel appearing on behalf of the respondent. 3.The specific case of the petitioner is that his father had availed loan from the respondent and a mortgage deed was executed as security. A simple mortgage deed dated 20.02.1981 was registered as Document No.434 of 1981.

3/6 The specific case of the petitioner is that the entire loan amount was settled by his father and only after the loan amount was settled, the retirement benefits were given to the petitioner's father. The petitioner's father died in the year 1996 leaving behind the petitioner and two daughters. 4.The petitioner wanted to deal with the property and at that point of time, he became aware of the fact that the mortgage deed is yet to be cancelled. Hence, the petitioner submitted repeated representations to the respondent seeking for the cancellation of the mortgage deed. Since, the same was not considered, the present writ petition has been filed before this Court. 5.

Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the respondent to deal with the representation made by the petitioner on 05.03.2025 and if the entire loan amount has already been settled by the petitioner's father during his life time, the mortgage deed dated 20.02.1981 registered as Document No.434 of 1981 shall be cancelled.

4/6 completed by the respondent, within a period of four weeks from the date of receipt of copy of this order.

6.This writ petition is disposed of with the above directions. No Costs. 02-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To The Assistant Director, India Tourism-Chennai, Ministry Of Tourism, Government Of India, No.154, Anna Salai, Chennai-600002.

6/6 N.ANAND VENKATESH J.

ssr 02-06-2025