Madras High CourtWP(MD)/21377/2023disposed of

Dhanalakshmi v. The Branch Manager

2023-09-01Honourable The Chief Justice,Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Dhanalakshmi ... Petitioner -vsThe Branch Manager Punjab National Bank Dalmiyapuram Lalgudi Taluk Trichy District ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to cancel the memorandum of deposit of title deed registered as document No.1910/2005, on the file of the Sub Registrar, Pullambadi, and return all original documents in respect of the property comprised in Survey Nos.262/9A & 2A, situated at Kallakudi Village, Lalgudi Taluk, Trichy District, furnished vide the said date by considering the petitioner's representation dated 13.07.2023.

For Petitioner :

Mr.T.Lenin Kumar For Respondent :

Mr.V.Balasubramanian Standing Counsel

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.V.Balasubramanian, learned Standing Counsel, appearing for the respondent - Bank.

2. Learned counsel for the petitioner submits that the petitioner is ready to pay the entire loan amount and clear off her liability under the memorandum of mortgage.

3. Learned Standing Counsel appearing for the respondent - Bank submits that the moment the loan account is cleared and the loan amount is deposited by the petitioner, the respondent - Bank would release the documents of title in favour of the petitioner.

4. In fact, there does not appear to be any dispute between the parties. The petitioner may discharge the liability. Upon discharge of the liability, the respondent - Bank is certainly duty bound to release the documents of title to the petitioner.

5. The writ petition is accordingly disposed of. No costs. [S.V.G., .C.J.] [C.K., J.] 01.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk 01.09.2023