Narayanan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Narayanan ... Petitioner -vs1.The Managing Director, Tamil Nadu Cooperative Housing Federation, 48, Rithertonent Road, Veppari, Chennai.

2.The Deputy Registrar, Baskar Complex, Chinna Chockkikulam, Madurai - 02.

3.The Secretary, MDA/HSG 6, Housing Board Society, Thirumangalam, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to release the original mortgage document vide Document No.771, dated 15.02.2000, on the file of Sub Registrar, Thirumangalam, within a time frame to be fixed by this Court. For Petitioner : Mr.S.Prabhu For R1 : Mr.S.Kanmani Annamalai Standing Counsel

For R2 : Mr.C.Venkateshkumar Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondents to release the original mortgage document vide Document No.771, dated 15.02.2000, on the file of Sub Registrar, Thirumangalam.

2. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Since no adverse orders are going to be passed against the third respondent, notice to the third respondent is hereby dispensed with.

4. According to the petitioner, he availed a loan from the Thirumangalam Housing Society No.1259 and duly repaid the entire loan amount through onetime settlement on 21.08.2023. However, the petitioner has not been handed over his original documents. As a result, the petitioner sent a representation to the respondents by registered post on 04.05.2024. Since no action has been taken on the matter, the petitioner has approached this Court with the present writ petition.

4. The learned Special Government Pleader appearing for the second respondent submits that, in this case, the competent authority is the third respondent. Therefore, the petitioner may be directed to submit a fresh representation, outlining all his grievances to the third respondent.

5. Considering the above said submission, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining his grievances to the third respondent, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the third respondent shall consider it on merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within two months thereafter. There shall be no order as to costs. NCC : Yes / No 27.02.2025 Index : Yes / No smn2 To:- 1.The Managing Director, Tamil Nadu Cooperative Housing Federation, 48, Rithertonent Road, Veppari, Chennai.

2.The Deputy Registrar, Baskar Complex, Chinna Chockkikulam, Madurai - 02.

3.The Secretary, MDA/HSG 6, Housing Board Society, Thirumangalam, Madurai District.

VIVEK KUMAR SINGH , J.

smn2 27.02.2025