Bhanumathi.K v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Bhanumathi ...

Petitioner Vs 1 The Chairman, Tamil Nadu Grama Bank Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007.

2 The Branch Manager, Pandyan Grama Bank, Iyer Bungalow, Madurai - 625 014.

3 M.P.Vanitha Mani ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to release the title deeds deposited in loan account no.10082377024/IFSC Code IDIBOPLB001.

For Petitioner :

Ms.M.Sneha, for Mr.Venkatesh Kumar.

For Respondents 1 & 2 : Mr.N.Dilipkumar For Respondent 3 : Mrs.P.Bharathi

ORDER

This Writ Petition is filed, seeking issuance of writ of mandamus, directing the respondents 1 and 2 to release the title deeds, deposited in loan account no.10082377024/IFSC Code IDIBOPLB001.

2. The case of the petitioner is that the third respondent availed loan from the second respondent, by depositing the title deeds of her property of land and building, in loan account No.10082377024/IFSC Code IDIBOPLB001 and was paying the monthly instalments. That being so, the third respondent offered to sell her property to the petitioner, for which the third respondent requested the petitioner to clear the loan amount she availed, totalling to Rs.36,00,000/-, which was agreed as part of the sale consideration and the petitioner paid the entire sale consideration of Rs. 60,00,000/- to the third respondent, including the amount of Rs.36,00,000/-, which was paid to the second respondent bank on 12.06.2023, towards outstanding of the loan amount. The further case of the petitioner is that once

the loan is closed, the second respondent is duty bound to release the original documents, pertaining to the mortgaged property. In this regard, the petitioner also submitted a representation, dated 09.10.2023, to the respondents 1 and 2 to return the original title deeds pertaining to the property. However, the official respondents have not taken action in pursuance of the said representation. Therefore, the petitioner has filed this Writ Petition.

3. In view of the above facts and circumstances of the case, coupled with the fact that the representation of the petitioner, dated 09.10.2023, has been pending with the respondents 1 and 2 for more than a year, the second respondent is directed to consider the representation of the petitioner dated 09.10.2023, and pass orders on merit and in accordance with law, within a period of one month from the date of receipt of copy of this order, uninfluenced by any of the observations made in this order. Also, this Court has not expressed any opinion on the merits of the matter.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, the connected W.M.P.(MD) No.1968 of 2024 is closed. 24.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The Chairman, Tamil Nadu Grama Bank Head Office, No.6, Yercaud Road, Hasthampatty, Salem-636 007.

2 The Branch Manager, Pandyan Grama Bank, Iyer Bungalow, Madurai - 625 014.

VIVEK KUMAR SINGH, J.

dixit 24.02.2025