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Madras High CourtWP/21347/2025disposed of

R.Natarajan, v. The Branch Manager

2025-07-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH W.P No. 21347 of 2025 and W.M.P.No.24096 of 2025 R.Natarajan S/o D.Rathinam, No.270B, Anbu Street Vallalar Nagar, Gudiyattam Vellore District.

... Petitioner Vs The Branch Manager Indian Overseas Bank 19, Karuneegar Street Adambakkam, Chennai 600 008.

... Respondent PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent bank to return the original sale deed dated 30.12.2004 in Document No.6503/2004 on the file of the SRO Gudiyattam to the petitioner with immediate effect. For Petitioner :

Mr.S.Vijay Anand For Respondents:

Mr.V.Kadhirvelu 1/4

ORDER

This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents to return the original sale deed dated 30.12.2004.

2. Heard Mr.S.Vijay Anand, learned counsel for the petitioner and Mr.V.Kathirvelu, learned counsel for the respondent.

3. When this writ petition came up for hearing on 02.07.2025, the matter was directed to be listed today.

4. Learned Standing Counsel appearing on behalf of the respondent submitted that initially the petitioner availed a loan, for which the subject property was given as security. This loan was repaid back and it was closed. However subsequently, an education loan was obtained and the very same property was given as security. The education loan is yet to be settled and hence the property document cannot be given back to the petitioner.

5. Learned counsel for the petitioner submitted that the petitioner is willing for a one time settlement and he has approached the respondent in 2/4

this regard. It is left open to the petitioner to approach the respondent and seek for one time settlement and if it is acceptable to the respondent and the loan is cleared, the sale deed can be returned back. In the absence of the same, the relief as sought for in this writ petition cannot be granted by this Court.

6. This writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 04.07.2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Branch Manager Indian Overseas Bank 19, Karuneegar Street Adambakkam, Chennai 600 008.

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N.ANAND VENKATESH J.

KST WP No. 21347 of 2025 04.07.2025 4/4