B.Kannaiah v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU B.Kannaiah ... Petitioner -vsThe Branch Manager, Tamil Nadu Industrial Investment Corporation, DCC Buildings Upstairs, Pennagaram Road, Dharmapuri - 636 702.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent to return the sale deed dated 29.08.1989, Doc. No. 631/1989 to the Petitioner and to cancel the deposit of title deed dated 21.03.2014 registered as Doc. No. 724 of 2014 on the file of S.R.O., Pochampalli by considering the representation dated 17.08.2023 within the time frame as may be fixed by the Court. For Petitioner :

Mr. P.Raja For Respondents :

Mr. K.Magesh, Standing Counsel 1/4

O R D E R

Heard Mr. P.Raja, Learned Counsel for the Petitioner and Mr. K.Magesh, Learned Standing Counsel appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The grievance ventilated by the Petitioner is that he had made a representation dated 17.08.2023 to the Respondent to return the sale-deed dated 29.08.1989 registered as Document No. 631/1989 and to cancel the deposit of title deed dated 21.03.2014 registered as Document No. 724 of 2014 on the file of the Sub-Registrar, Pochampalli, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.

In furtherance to the order dated 20.10.2023 passed by this Court, Learned Standing Counsel appearing for the Respondent has produced a copy of the letter dated 27.11.2023 sent by the Respondent to the Petitioner stating that it would not be possible to return the said documents as there was outstanding payable from M/s. VCAN Active Carob Private Limited, for which the Petitioner, as guarantor, had extended the said property as collateral security for the borrowing made by it from the Respondent. 2/4

4.

In such circumstances, nothing remains for further consideration in the Writ Petition, but it would not preclude the Petitioner, if he still has any further grievance to be redressed in the matter, to work out his rights before the proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid clarifications. No costs.

29.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 15.02.2024.

vjt To The Branch Manager, Tamil Nadu Industrial Investment Corporation, DCC Buildings Upstairs, Pennagaram Road, Dharmapuri - 636 702.

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P.D. AUDIKESAVALU, J.

vjt 29.11.2023 4/4