M.Kalyani, v. The Joint Registrar Of Co-Op

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No .14047 of 2017 M.Kalyani ... Petitioner Vs 1.The Joint Registrar of Co-Operative Societies, Karur District, Karur.

2.MM 124, Karur Town Co-operative Building Society, Rep. by its President/Secretary, No.4, Bramma Theertham Road, Karur.

3.The Manager, MM 124, Karur Town Co-Operative Building Society, No.4, Bramma Theertham Road, Karur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 01.03.2017 and 17.05.2017 seeking return of the original documents deposited as security for availing Building Loan in Local Account No. 2595.

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For Petitioner : Mr.S.Gokulraj For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The petitioner said to have availed a housing loan from the second respondent Society for a sum of Rs.2,00,000/- on 25.03.1999 and has deposited his documents as security. The petitioner claims that he has settled the loan amount together with interest on 30.09.2013 itself and a certificate was also issued by the second respondent to that effect. However, the documents mortgaged by the petitioner have not been returned to him. Therefore, the petitioner has field this writ petition in the year 2017, seeking Mandamus, directing the respondents to consider his representation dated 01.03.2017 and to return the documents within a time frame. 2.Though notice was taken on behalf of the respondents, the respondents have not filed any counter affidavit. This writ petition is pending from the year 2017.

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3.In view of the above, this writ petition is disposed of with a liberty to the petitioner to submit a fresh representation to the Joint Registrar of Co-operative Societies, Karur/the first respondent within a period of four weeks from the date of receipt of a copy of this order and on such representation, the first respondent shall conduct the enquiry and take appropriate action on the representation of the petitioner within a period of twelve weeks from thereon. No costs.

26.03.2024 NCC: Yes/No Index:Yes Internet:Yes vrn 3/5

To 1.The Joint Registrar of Co-Operative Societies, Karur District, Karur.

2.MM 124, Karur Town Co-operative Building Society, Rep. by its President/Secretary, No.4, Bramma Theertham Road, Karur.

3.The Manager, MM 124, Karur Town Co-Operative Building Society, No.4, Bramma Theertham Road, Karur.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No .14047 of 2017 26.03.2024 5/5