Gnanaseelan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Gnanseelan ... Petitioner /Vs./ 1.The District Collector, Sivagangai, Sivagangai District.

2.The Secretary, NN 621, Singampunari Cooperative Housing Society Limited, Singampunari, Sivagangai District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to return back the petitioner's property title deed document which were deposited in Mortgage Document No. 384/2008 in Loan Number 441/08.09 based on the petitioner's representation dated 13.08.2024 within a time stipulated by this Court.

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For Petitioner : Mr.S.Poornachandran For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This writ petition has been filed to direct the second respondent to return back the petitioner's original title deed, which was deposited in Mortgage registered vide Document No. 384/2008, while borrowing the loan.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. The petitioner availed loan with the second respondent by mortgaging the property registered vide Document No. 384/2008, in Loan Number 441/08-09. The petitioner had repaid the entire loan amount and the same was duly acknowledged by the second respondent by his communication dated 18.12.2023, stating that the petitioner had repaid the entire loan amount and there is no due from the petitioner. Therefore, the petitioner submitted a representation dated 13.08.2024 before the respondents to release the document by redeeming the mortgage and to return the original title deed to the petitioner. However, it is pending without any consideration.

5. Considering the facts and circumstances of this case, the second respondent is directed to consider the representation dated 13.08.2024 submitted by the petitioner seeking redemption of mortgage and returning of the original title deed, which is under mortgage registered vide Document No. 384/2008, within a period of two weeks from the date of receipt of a copy of this order.

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6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

06.11.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:- 1.The District Collector, Sivagangai, Sivagangai District.

2.The Secretary, NN 621, Singampunari Cooperative Housing Society Limited, Singampunari, Sivagangai District.

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G.K.ILANTHIRAIYAN , J.

Sm Order made in Dated:

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