A.Kuppusamy v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026

CORAM

THE HON'BLE Mr. JUSTICE V.LAKSHMINARAYANAN A.Kuppusamy

...Petitioner

Vs.

1. The Registrar, Cooperative Housing Society, Richardson Road, Chennai - 600 007.

2. The Deputy Registrar, Fairlends Cooperative Housing Society, Ramakrishna Road, Salem - 600 015.

3. The Secretary/Incharge, Elavamalai Cooperative Building Society, Kalingarayan Palayam Pudur, Bhavani, Erode District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3rd Respondent to return my house property original documents, as per the letter dated 24.2.2025. For Petitioner :

Mr.V.Udaya Kumar For Respondents :

Mr.V.Umakantha, Government Advocate

O R D E R

Heard Ms. Muthumari for M/s. V.Udaya Kumar for the petitioner and Mr.V.Umakanth for the respondents.

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2. The following facts are not in dispute:- The writ petitioner is a member of the 3rd respondent society. His membership number is 5487. He took up the membership in the year 2019. Soon thereafter, he applied for and obtained a mortgage loan from the 3rd respondent on 29.10.2019. The property mortgaged is situated in 35/E Somasundarapuram, Bhavani Town, Erode District. The mortgage was registered with sub-registrar at Bhavani in Document No. 5939 on 29.10.2019.

3. The petitioner was regularly servicing the loan. He repaid the entire mortgage amount together with interest on 15.10.2024. The 3rd respondent society also issued a 'no dues' certificate to the petitioner certifying that the mortgage had been discharged and no amounts are due under the said mortgage.

4. The petitioner, having redeemed the mortgage, sought return of the documents. The documents were not returned. Hence, he issued a notice through a lawyer calling upon the 3rd respondent to return the documents. The 3rd respondent replied that the documents were available with the 1st respondent and hence, the 3rd respondent is not in a position to return the same. Aggrieved by the inaction of the 3rd respondent in returning the documents, the petitioner is before this Court.

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5. When the matter was taken up in the morning, Mr.V.Umakanth produced the following instructions. For reference, the same is scanned and extracted hereunder:

6. I pointed out to Mr.V.Umakanth that the relationship between the petitioner and the 3rd respondent is that of a mortgagor and a mortgagee and that the documents had been handed over to the mortgagee as security for the loan 3/7

that the mortgagor had taken. Once the security had been discharged in full, as is cleared by the certification given by the 3rd respondent, it is the duty of the 3rd respondent to ensure that the documents are returned to the petitioner immediately. Mr. V.Umakanth sought time to get further instructions from the 3rd respondent.

7. Post lunch, he produced the following instructions. For reference, the same is scanned and extracted hereunder:

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A perusal of both the instructions made it clear that the 3rd respondent without the authorization of the writ petitioner, had handed over the documents to the 1st respondent. No records have been produced before this Court to show that the petitioner had acceded to disposition. The act of the 3rd respondent/mortgagee in handing over the documents to the 1st respondent cannot be termed as illegal. The 3rd respondent would be entitled to retain the documents even if one paisa of the mortgage amount, had not been paid. Having certified that the entire amounts were paid on 15.10.2024, the 3rd respondent ought to have returned the documents on that very day or soon thereafter.

8. When these points were put to Mr.V.Umakanth, he states though the 3rd respondent has sought twelve weeks time to return the documents, within a period of four weeks from today, i.e., on or before 26th of March 2026, the documents would be personally handed over to the writ petitioner. The statement given by Mr.V.Umakanth that the documents would be returned by the 3rd respondent within four weeks is received as an undertaking given by the 3rd respondent to this Court. In case the 3rd respondent does not comply with the undertaking, it is open to the petitioner to take such proceedings as is open to him.

9. The petitioner on the documents being returned by the 3rd respondent, 5/7

shall duly acknowledge the receipt of the same. The mortgage cancellation deed, if any, would also be registered forthwith.

10. I wanted to impose costs on the 3rd respondent for detaining the documents unauthorizedly for over a period of two years. Since Mr.V.Umakanth was able to convince this Court that the documents would be returned within a period of four weeks, this Court defers from issuing costs.

11. The writ petition is ordered. Costs deferred. 26.02.2026 Index : Yes/No Speaking or Non-speaking order Maya To

1. The Registrar, Cooperative Housing Society, Richardson Road, Chennai - 600 007.

2. The Deputy Registrar, Fairlends Cooperative Housing Society, Ramakrishna Road, Salem - 600 015.

3. The Secretary/Incharge, Elavamalai Cooperative Building Society, Kalingarayan Palayam Pudur, Bhavani, Erode District.

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V.LAKSHMINARAYANAN, J.

Maya Dated : 26.02.2026 7/7