Abilamary v. The Zonal Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.12335 of 2021 Abilamary

...Petitioner

/Vs./ 1.The Zonal Manager, Indian Bank, Tirunelveli Division, Perumalpuram, Tirunelveli.

2.The Branch Manager, Indian Bank, Neiyur Branch, C.S.I Hospital Complex, Neiyur, Kanyakumari District.

.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of mandamus directing the second respondent to release the relinquish deed in Doc.No.467/2018 dated 04.04.2018 in respect of the property in Re-Survey No.936/20 is situated at Kadiyapattinam Village, Kalkulam Taluk, Manavalakurichi Sub Registration District, Kanyakumari District based on the petitioner's representation dated 02.06.2021. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.R.Pandivel 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the second respondent to release the original document that was given as security for the loan, based on the representation made by the petitioner on 02.06.2021.

2. When the matter was taken up for hearing, the learned counsel appearing on behalf of the respondent bank submitted that the loan amount has been repaid back and the loan has been closed. However, since the legal heirs are seeking for return of the title deed, they must fill up the claim form and also submit the entire particulars of the legal heirs. Once this is done, the original document will be handed over to all the legal heirs.

3. In view of the above, it is left open to the petitioner to submit the claim form along with legal heirship certificate and on compliance of the same, the respondent bank shall hand over the original title deed to all the legal heirs. 2/4

4. This writ petition is disposed with the above directions. No costs. 19.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm To, 1.The Zonal Manager, Indian Bank, Tirunelveli Division, Perumalpuram, Tirunelveli.

2.The Branch Manager, Indian Bank, Neiyur Branch, C.S.I Hospital Complex, Neiyur, Kanyakumari District.

3/4

N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.12335 of 2021 Dated:

19.10.2023 4/4