Ramachandran v. The Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.22593 of 2023 Ramachandran ... Petitioner -VsThe Manager, Indian Overseas Bank, Ambalpuram Branch, Pudukkottai District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to return the title deed pertaining to the land and building comprised in Old Survey No.166, New Survey No.166/1C, Plot No.14, Basith Nagar, Kavinadu West Village, Pudukkottai Taluk and District forthwith to the petitioner.

For Petitioner : Mr.R.Murali For Respondent : Mr.N.Dilip Kumar, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed seeking for a direction to the respondent to return the title deed pertaining to the land and building comprised in Old Survey No.166, New Survey No.166/1C, Plot No.14, Basith Nagar, Kavinadu West Village, Pudukkottai Taluk and District forthwith to the petitioner. 2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that the petitioner is ready and willing to settle the entire outstanding amount as demanded by the respondent Bank in paragraph No.8 of the counter affidavit, wherein it has been stated that the petitioner has yet to clear the two loans, where the outstanding amount comes to Rs.9,11,000/- and Rs.

86,000/-, for which, the learned Standing Counsel appearing for the respondent Bank submits that if the said amount is paid by the petitioner within a period of two weeks, there is no legal bar for the respondent Bank to return the original documents to the petitioner. 3.In the light of the aforesaid submissions, we direct the petitioner to pay the outstanding amount of Rs.

Seven Thousand Only) in total along with eligible interest to the respondent Bank within a period of two weeks from the date of receipt of a copy of this order and on such deposit being made, the respondent Bank shall return the original title deeds to the petitioner without any further delay. We make it clear that if there is any other loan account as against the petitioner's family members, it is for the respondent Bank to proceed in accordance with law. 4.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 26.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.22593 of 2023 26.02.2024