K.M.Kaliyaperumal v. The Registrar Of Co- Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No. 22635 of 2024 K.M.Kaliyaperumal ....
Petitioner Vs
1. The Registrar of Co- Operative Societies (Housing), Tamilnadu Co-Operative Housing Federation Building, No.48, Ritherton Road, Veppery, Chennai-600 007
2. The Deputy Registrar of Co-Operative Societies (Housing), South Kavarai Street, Manjakuppam, Cuddalore -1
3. The Sub Registrar/Liquidation Officer of Co-Operative Societies(Housing) Cuddalore Taluk Co-Operative Housing Society Ltd, Cuddalore.
....
Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus directing the respondents to return the petitioner's Original Document vide Sale Deed No.2458/1961 dated 17.9.1961 on the file of the Sub Register Office, Panruti, Cuddalore
District, which was handed over by him, as security for loan or issue a Non-Traceable Certificate.
For Petitioner : Mr.M.Vijayaraghavan For Respondents : Mr.M.Rajendran Additional Government Pleader
ORDER
This Writ Petition has been filed for a direction, directing the respondents to return the original sale deed registered vide document No.2458 of 1961 dated 17.09.1961 on the file of the third respondent.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is a member of Cuddalore Taluk Cooperative Housing Society, Cuddalore. He availed loan by mortgaging the original title deed registered vide document No.2458 of 1961 dated 17.09.1961. The mortgage deed was registered vide document No.678 of 1978. The petitioner had repaid the entire loan amount and the receipt was duly received by the petitioner vide document No.4158 of 2022, thereby the mortgage was redeemed. However, the original document, which was deposited to avail loan, has not been returned so far to the
petitioner. Therefore, the petitioner submitted a representation and it is pending without consideration. Hence, this present writ petition.
4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner had repaid the entire loan amount and the receipt was also duly registered..
5. In view of the above, the respondents are directed to return the original sale deed registered vide document No.2458 of 1961 dated 17.09.1961, which was deposited by the petitioner while availing the loan, within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition stands allowed. No costs.
08.08.2024 Internet : Yes Index : Yes/No Speaking/Non-speaking order Lpp
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Registrar of Co- Operative Societies (Housing), Tamilnadu Co-Operative Housing Federation Building, No.48, Ritherton Road, Veppery, Chennai-600 007
2. The Deputy Registrar of Co-Operative Societies (Housing), South Kavarai Street, Manjakuppam, Cuddalore -1
3. The Sub Registrar/Liquidation Officer of Co-Operative Societies(Housing) Cuddalore Taluk Co-Operative Housing Society Ltd, Cuddalore.
08.08.2024