Madras High CourtWP(MD)/21864/2018allowed

T.Rajamuthukumar (Died) v. Senior Manager,

2022-03-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.21864 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.21864 of 2018 1.T.Rajamuthukumar(died) 2.T.Shenbagavalli 3.R.Muthukrishnaveni 4.R.Abinaya Swaruba 5.R.Ashtotha Rubini ... Petitioners (P-2 to P-5 are substituted vide Court order dated 18.12.2020 in W.M.P.(MD).No.15742 of 2020 in W.P.(MD).No.21864 of 2018) Vs.

1.The Senior Manager, Canara Bank, Kadayanallur Branch, Kadayanallur Taluk, Tirunelveli District.

2.Appadurai, The Senior Manager, Canara Bank, Kadayanallur Branch, Kadayanallur Taluk, Tirunelveli District.

3.R.Mariyappan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents to release the mortgaged jewels that were pledged by the petitioner for obtaining the agricultural gold loan No.0962842043098 on 27.06.2017 within a time stipulated by this Court.

For Petitioners : Mr.T.S.Mohamed Mohideen For R-1 and R-2 : Mr.Pala.Ramasamy, Standing Counsel.

ORDER

The petitioners are the legal representatives of the deceased T.Rajamuthukumar and they have already been substituted in this Writ Petition.

2. Learned Standing Counsel for the first and second respondents, on instructions, would submit that since the dues payable under the agricultural gold loan have been paid, the relief sought for in this Writ Petition can be granted. He would further https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21864 of 2018 submit that the petitioners can approach the bank for release of the pledged jewels which are pledged by the deceased first petitioner, T.Rajamuthukumar for obtaining the agricultural gold loan on 27.06.2017. The said statement is recorded.

3. The petitioners are directed to approach the first respondent and the first respondent, after appropriate verification, shall release the pledged jewels of the deceased first petitioner, T.Rajamuthukumar for obtaining the agricultural gold loan on 27.06.2017, to the petitioners without fail.

4. With the aforesaid direction, this Writ Petition is allowed. There shall be no order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Senior Manager, Canara Bank, Kadayanallur Branch, Kadayanallur Taluk, Tirunelveli District.

+1 CC to M/s.T.S.MOHAMED MOHIDHEEN, Advocate ( SR-12810[F] dated 17/03/2022 ) W.P.(MD).No.21864 of 2018 16.03.2022 SS/25.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2