Queen Mary v. Indian Bank

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Queen Mary ... Petitioner Vs.

Indian Bank, Represented by its Authorized Officer, Palayankottai Branch, Tirunelveli - 627 002.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to close the petitioner Home Loan and return the Mortgaged Original documents in light of the writ petition order W.P(MD)No.19890 of 2023 dated 16.08.2023 and 30.08.2023 and consider the representation dated 12.02.2024 the same.

For Petitioner : Mr.V.Balasubramanian For Respondent : Mr.Rajesh Saravanan 1/4

ORDER

Heard both sides.

2.It is beyond dispute that the petition mentioned home loan has been settled in full by the petitioner. It is also duly acknowledged by the respondent.

3.The petitioner's grievance is that the original mortgaged documents have not been returned. The learned Standing Counsel states that the petitioner is having two other accounts and that they remain unsettled. While it is open to the respondent to take action independently in respect of the said accounts, the petition mentioned document cannot be retained.

4.The respondents are directed to return the original documents deposited in connection with the petition mentioned home loan. This shall be done within ten days from the date of receipt of a copy of this order.

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5.This writ petition is allowed accordingly. There shall be no order as to costs.

11.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 13.03.2024.

To Indian Bank, Represented by its Authorized Officer, Palayankottai Branch, Tirunelveli - 627 002.

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G.R.SWAMINATHAN, J.

MGA 11.03.2024 4/4