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Madras High CourtWP(MD)/14932/2024allowed

M.Sundarraj v. The Zonal Manager

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Sundarraj ... Petitioner vs.

1. The Zonal Manager, Bank of India, 4th Floor, Sri Ram Complex, Uchaparambumedu Road, Ezhil Nagar, Iyer Bungalow, Madurai - 625 014.

2. The Branch Manager, Bank of India, Thiruvalluvar College Branch, Mallapuram, Madurai District.

3. The District Registrar, Madurai South Registration District, 171, Palace Road, Madurai - 1.

4. The Sub Registrar, Elumalai Sub Registrar Office, Subramanya Swami Koil Street, Peraiyur, Madurai District - 625 703.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 3rd respondent to direct the 4th respondent to cancel the mortgage deed document No.782 of 2015 based on the 2nd respondent's Settlement Certificate under OTS dated 05.02.2024, by considering the petitioner's representations dated 20.12.2023 and 08.03.2024 within stipulated time limit as fixed by this Court. 1/4

For Petitioner : Mr. A.Prasanna Rajadurai For R2 :Mr.C.Deepak For R3 & R4 : Mr.S.Sasi Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 3rd respondent to direct the 4th respondent to cancel the mortgage deed document No.782 of 2015 based on the 2nd respondent's Settlement Certificate under OTS dated 05.02.2024, by considering the petitioner's representations dated 20.12.2023 and 08.03.2024 within stipulated time limit as fixed by this Court.

2.This Court without expressing any opinion on merits is directing the official respondents to consider the petitioner's representations dated 20.12.2023 and 08.03.2024 and pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order. If the application is submitted under Section 77(A) of the Registration Act, the official respondents are directed to conduct an enquiry under Section 83 of the Registration Act, after issuing notice to all the parties and thereafter, pass orders in accordance to law within a period of four weeks from the date of receipt of a copy of this order. 2/4

3.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes TMG To

1. The District Registrar, Madurai South Registration District, 171, Palace Road, Madurai - 1.

2. The Sub Registrar, Elumalai Sub Registrar Office, Subramanya Swami Koil Street, Peraiyur, Madurai District - 625 703.

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S.SRIMATHY , J.

TMG ORDER MADE IN DATED : 08.08.2025 4/4