Balakrishnan.A v. State Rep. By The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Balakrishnan ... Petitioner Vs.

1. The State rep.by The Sub-Registrar, Oddanchatram, Dindigul District.

2.The President, P-583, Thangachiammapatty Primary, Agricultural Co-operative Credit Society, Oddanchatram Taluk, Dindigul District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent to accept the certified copy of partition deed document No.1150 of 1988 registered before the 1st respondent on 27.09.1988 for registration and for

availing loan.

For Petitioner :

Mr.V.Muthumani for Mr.R.Senthil Kumar For Respondents :

Mr.K.S.Selvaganesan Additional Government Pleader for R1 Mr.M.Senthil Ayyanar, Government Advocate for R2

O R D E R

Heard the learned counsel on either side.

2. The petitioner wants to avail loan from the second respondent. However, the Memorandum of Deposit of Title Deeds will have to be registered. The petitioner is not having the original partition deed. It appears to have been misplaced. The first respondent has taken the stand that unless the parent document is produced, they will not register the Memorandum of Deposit of Title Deeds. If the Creditor is willing to sanction the loan and is willing to create MODT, the first respondent cannot

have any objection. If any such MODT is presented, the first respondent shall receive the same and register it, without insisting on production of the original partition document No.1150 of 1988.

3. Accordingly, this Writ Petition is allowed. No costs. 03.08.2022 Index : Yes / No Speaking Order : Yes / No ssb To

1. The Sub-Registrar, Oddanchatram, Dindigul District.

2.The President, P-583, Thangachiammapatty Primary, Agricultural Co-operative Credit Society, Oddanchatram Taluk, Dindigul District.

G.R.SWAMINATHAN, J.

ssb 03.08.2022