Y.Kathija v. The Authorised Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Y.Kathija W/o Yakobudeen, Door No 10/4 Balamurugan Street, Vysarpadi, Chennai 600 039 Petitioner(s) Vs

1. The Authorised Officer IDFC First Bank Ltd, Krm Towers, 7th Floor, No 1 Harrington Road, Chetpet Chennai 600 031 2.The Manager IDFC First Bank Ltd, Krm Towers, 7th Floor No 1 Harrington Road, Chetpet, Chennai 600 031 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing the 1st respondent to return the original Sale Deed in Doc No 3767 / 1974 and original Settlement Deed in Doc No 6576 / 2020 on the office of SRO Madhavaram to the petitioner.

For Petitioner(s): Mr.B.U.Shanmugavelan

for Mr.J.R.K.Bhavanantham For Respondent(s):

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ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent bank to return the petitioner the sale deed registered as document No.3767 of 1974 and the original Settlement deed registered as document No.6576 of 2020. 2.

Heard the learned counsel for the petitioner and perused the materials available on record. Though the respondents have been served with notice and their names have also been printed in the cause list, there is no appearance before this Court either in person or through counsel.

3.

The grievance expressed by the petitioner is that the petitioner participated in the public auction conducted by the 1st respondent and the sale certificate was also issued by the 1st respondent in favour of the petitioner dated 27.11.2023. However, only the photocopies of the original title deeds was hand over to the petitioner and the original was retained by the 1st respondent. The

possession of the property was also handed over to the petitioner pursuant to the order passed under Section 14 of the SARFAESI Act in Crl MpNo.648 of 2023. It is under these circumstances, the present writ petition came to be filed before this Court. 4.

In the considered view of this Court, the petitioner being the auction purchaser is entitled for the original title documents. It cannot be retained by the respondents. Hence, there shall be a direction to the respondents to hand over the original title documents viz., Sale deed registered as document No.3767 of 1974 and the original Settlement deed registered as document No.6576 of 2020 to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above directions. No costs.

22-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Authorised Officer Idfc First Bank Ltd, Krm Towers, 7th Floor, No 1 Harrington Road, Chetpet Chennai 600 031 2.The Manager Idfc First Bank Ltd, Krm Towers, 7th Floor No 1 Harrington Road, Chetpet, Chennai 600 031

N.ANAND VENKATESH J.

rka 22-08-2025