S.Sangaiya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.14859 of 2018 S.Sangaiya ... Petitioner /Vs./ 1.The District Collector, Collectorate, Madurai.

2.The Special Officer cum Secretary, A-2862, LIC Employee cum Public Co-operative Building Society, Shanthi Nagar, Madurai-18.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to return the original sale deed and other related documents which were handed over by the petitioner at the time of executing the mortgage deed dated 31.03.2003. In all petitions:

For Petitioner : Mr.R.Senthil Kumar For R1 : Mr.M.Sarangan Additional Government Pleader

ORDER

The petitioner is the owner of the property situated at S.No.46/1, Agraharam Street, Thuvariman Village, Madurai South by way of sale deed dated 1/4

23.01.2003. He availed a loan for a sum of Rs.2 lakhs from the second respondent Society for the purpose of constructing a house by mortgaging that property.

2.The Government, in the year 2012 had waived the interest for the housing loan for the persons, who have availed loan through Societies. The petitioner had paid the entire loan amount before that announcement. Hence, the respondent Society had issued a redemption receipt on 31.10.2012. However, the original documents, which were given at the time of availing housing loan to the second respondent, were not returned to the petitioner. Hence, the present writ petition was filed seeking return of that documents.

3.When this matter is taken up for hearing today, the learned Additional Government Pleader appearing for the first respondent by referring to the written instructions of the first respondent states that the original documents, which were given at the time mortgaging the property by the petitioner, were returned to the petitioner on 13.10.2018.

4.A copy of the said written instructions is also furnished to the learned counsel for the petitioner.

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5.Recording the above submission, this writ petition is closed. No costs. 02.01.2024 Index : Yes / No Internet : Yes / No ta To The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.

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B.PUGALENDHI,J.

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