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Madras High CourtWP/32840/2019disposed of

N.Shanmugam, v. The Regional Manager,

2020-02-03Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.32840 of 2019 M.Shanmugam .. Petitioner ..Vs..

1. The Regional Manager, Union Bank of India, Regional Office, Salem.

2. The Manager, Union Bank of India, Chennai - Main Branch, No.139, Broadway, Chennai.

3. The Branch Manager, Union Bank of India, Arakkonam Branch, Arakkonam, Vellore District.

..Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 23.07.2019. For Petitioner : Mr.I.Abrar Mohamed Abdulla For Respondents : Mr.S.Parthasarathy

ORDER

The writ petition has been filed in the nature of Mandamus directing the respondents namely the Regional Manager, Union Bank of India, Regional Office, Salem, the Manger, Union Bank of India, Chennai and the Branch Manager of Union Bank of India, Arakkonam, Vellore District to consider and pass orders on the representation dated 23.07.2019.

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2. The petitioner and his parents obtained agricultural loan of Rs.1,000/- on 07.10.1975 and they had deposited the original Title deeds of the landed properties situated in Kilkalathur Village and Manamadural Village, Arakkonam Taluk, Vellore District. The details of the documents deposited with the 3rd respondent are as follows:

i. Sale Deed bearing No.2689 of 1962 dated 20.06.1962 ii.Settlement Deed bearing Doc.No.434 of 1961 dated 31.01.1961 iii.Settlement Deed bearing Doc.No.320 of 1973 dated 13.02.1973 iv.Partition Deed bearing Doc. No.1066 of 1975 dated 06.05.1975

3. It is claimed that the 3rd respondent has acknowledged the deposit of the documents. Unfortunately, the father of the petitioner expired on 05.11.1994 and his mother had also expired on 13.04.2003. The petitioner and his brothers and sisters were the only legal heirs to succeed the estate of their parents. There was a family arrangement that his sisters relinguished their right over the subject property to the male members namely the petitioner and his two brothers.

4. It is stated that finally when they wanted to partition the properties, they found that the original Title deeds have been deposited with the respondent bank as stated above. Therefore, the petitioner who sought for return of the Title deeds.

5. Today, Mr.S.Parthasarathy, learned counsel appearing for the respondents stated that the respondents are prepared to return the Title documents.

6. In view of the above, the petitioner is directed to go over to the office of the 3rd respondent on or before 17.02.2020 and on appropriate acknowledgment and identification, the respondent Bank may release the documents to the petitioner. The petitioner may receive the said Title Documents on his behalf and also on behalf of his two brothers.

7. With the above terms, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar 2/3

To

1. The Regional Manager, Union Bank of India, Regional Office, Salem.

2. The Manager, Union Bank of India, Chennai - Main Branch, No.139, Broadway, Chennai.

3. The Branch Manager, Union Bank of India, Arakkonam Branch, Arakkonam, Vellore District.

+1 cc to M/s.I.Abrar Md.Abdullah,Advocate Sr.No. 2988 AKM/05.02.2020/3P-5C / W.P.No.32840 of 2019 3/3