Shajahan.A v. The Bank Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2023

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN A.Shajahan ... Petitioner Vs.

The Bank Manager, State Bank of India, Main Branch, Madurai.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to cancel the Memorandum of Deposit of Title Deed in Doc.No.498/1969 on the file of Sub Registrar, Kariapatti by accepting the payment from the petitioner towards the legitimate dues of petitioner's mother and release the original documents based on the petitioner's representation dated 17.11.2022 within the time limit stipulated by this Court.

For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.Pala Ramasamy

ORDER

Heard the learned counsel on either side.

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2. It appears that the petitioner's mother had created mortgage over her property vide Document No.498/1969 on the file of the Sub Registrar, Kariapatti. The petitioner's mother passed away. Now her children want to redeem the mortgage. It appears that the relevant records are not available. However, the respondent is ready to execute a deed of discharge of mortgage on payment of a sum of Rs.5,25,795/-. The petitioner is ready to make the said payment.

3. If a joint document for discharge of the mortgage is presented before the registering authority (the Sub Registrar, Kariapatti), the same shall be accepted and registered. As regards the second part of the prayer for release of the original documents, the respondent is not having the relevant documents. It is not known as to how I can give a direction. The respondent can however adopt the procedure that is usually adopted by them in such cases. The Writ Petition is allowed on these terms. There shall be no order as to costs. 27.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To 1.The Bank Manager, State Bank of India, Main Branch, Madurai.

2.The Sub Registrar, Kariapatti.

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G.R.SWAMINATHAN, J.

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