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Madras High CourtWP/35986/2016disposed of

Sagunthala, v. The Bank Manager(Amended)

2017-06-06Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.35986 of 2016 Sagunthala ... Petitioner Vs.

1. The Branch Manager No.3, Kancheepuram Co-operative Town Bank Ltd., Gangaikondan Mandapam Branch Kancheepuram.

2. Revathi

3. The Joint Registrar O/o. The Joint Registrar Co-operative Societies Kancheepuram Kancheepuram District.

... Respondents (R3 impleaded as per order dated 17.10.2016 in W.P) Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 21.09.2016 and pass necessary orders to handover the document to the petitioner on redemption of mortgage, without insisting no objection from the 2nd respondent. For Petitioner : Mr.P.R.Thiruneelakandan For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader for R1 Mr.T.S.Baskaran for R2 Mrs.T.Girija, Government Advocate for R3

ORDER

The petitioner has filed this writ petition seeking to direct the 1st respondent to consider his representation dated 21.09.2016 and pass necessary orders to hand over the document to him on redemption of mortgage, without insisting no objection from the 2nd respondent.

2. As per the order of this Court dated 17.10.2016, this case was posted before the Tamil Nadu Mediation and Conciliation Centre for amicable settlement.

3. The Tamil Nadu Mediation and Conciliation Centre had submitted a report dated 10.01.2017, stating that the matter has been settled between the parties. Today, when the matter was taken up, learned counsel for both the parties requested this Court to grant liberty for them to approach the Civil Court for filing an application for other reliefs permissible under law. They further submitted that the 1st respondent has to comply with clause (1) of the terms of report, after the 2nd respondent sign the documents, within a stipulated time fixed by this Court.

4. The report dated 10.01.2017 submitted by the Tamil Nadu Mediation and Conciliation Centre shall form part of the record. The 1st respondent shall comply with clause (1) of the terms of the agreement, after the 2nd respondent sign the documents, within a period of three months from the date of receipt of a copy of this order.

5. Recording the above said Mediation Agreement of the parties, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar avr To

1. The Branch Manager No.3, Kancheepuram Co-operative Town Bank Ltd., Gangaikondan Mandapam Branch Kancheepuram.

2. The Joint Registrar O/o. The Joint Registrar Co-operative Societies Kancheepuram Kancheepuram District.

+1cc to Mr.P.R.Thiruneelakandan, Advocate, S.R.No.40214 +1cc to Mr.T.S.Baskaran, Advocate, S.R.No.40282 +1cc to the Government Pleader, S.R.No.40382 W.P.No.35986 of 2016 KS(CO) CA(13/07/2017)