T.Ramesh v. The Branch Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.9761 of 2019 T.Ramesh ... Petitioner Vs.

The Branch Manager, Oriental Bank of Commerce, A.R.Plaza, 18 and 17 North Veli Street, Madurai.

... Respondent Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent herein to hand over the Document No.11620/2011, dated 28.11.2011, Theni District, Periyakulam Registration District, Theni Sub Registration District to the petitioner by withholding the document in the name of the petitioner's mother Karuppayee document dated 01.02.1984, based on the petitioner's representation dated 12.04.2019 within the time limit fixed by this Court.

For Petitioner : Mr.Niranjan S.Kumar for M/s.S.Venkatesh For Respondent : Pala Ramasamy Standing counsel

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM,J.) Heard Mr.Niranjan S.Kumar, learned counsel appearing for the petitioner and Mr.Pala Ramasamy, learned Standing counsel appearing for the respondent.

2. This writ petition has been filed for issuance of a writ of Mandamus directing the respondent to hand over the Document No.11620/2011, dated 28.11.2011, Theni District, Periyakulam Registration District, Theni Sub Registration District to the petitioner by withholding the document in the name of the petitioner's mother Karuppayee dated 01.02.1984, based on the https://hcservices.ecourts.gov.in/hcservices/

petitioner's representation dated 12.04.2019.

3. It is submitted that the respondent Bank has already filed a case in O.A.No.256 of 2016 before the Debt Recovery Tribunal, Madurai and the same is pending.

4. In the light above of the above facts, this writ petition is disposed of granting liberty to the petitioner to file an application in the O.A.No.256 of 2016 within a period of one week from the date of receipt of a copy of this order. On such compliance, the same shall be disposed of by the Debt Recovery Tribunal, Madurai, on merits and in accordance with law within a period of one week thereafter. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To The Branch Manager, Oriental Bank of Commerce, A.R.Plaza, 18 and 17 North Veli Street, Madurai.

Copy to The Presiding Officer, Debt Recovery Tribunal,Madurai +1 CC to M/s.S.VENKATESH, Advocate ( SR-64622[F] dated 30/04/2019 ) akv W.P.(MD).No.9761 of 2019 30.04.2019 KM/(10.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/