Madras High CourtWP(MD)/30720/2023disposed of

Arunachalasamy v. The Regional Manager

2023-12-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD) No.30720 of 2023 Arunachalasamy ... Petitioner vs.

1.The Regional Manager, Canara Bank Regional Office, No.1, Noor Sait Plaza, II Floor, Opp.new Bus stand, Perumalpuram, Tirunelveli, Tamil Nadu - 627 007.

2.The Branch Manager, Canara Bank, 191-A, Rajapalayam Main Road, Sankarankovil, Tamil Nadu - 627 756.

3.The Deputy general manager Canara Bank, Circle office St Mary's campus, East veli street Madurai - 625001 ... Respondents (The third respondent was suo motu impleaded vide order dated 22.12.2023) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to return the sale deed, in respect of the property situated at Survey No.438A/1A1A, Kalappakulam Village, Kalappakulam Panchayat, Sankarankovil Union, Tenkasi District registered as Document No.3186 of 2011 on the file of the Sub Registrar, Tenkasi to the petitioner. For Petitioner : Mr.B.Vijay Karthikeyan For Respondents: Mr.N.Dilipkumar for R1 to R3

ORDER

Heard both sides.

2.The petitioner had availed loan from the second respondent. According to the petitioner, the loan account has been settled in full. The petitioner wants the title document back. Since it was not returned, the present writ petition came to be filed.

3.When the matter was taken up for hearing, the learned standing counsel for the respondent bank submitted that the petitioner appears to have been granted certain waiver benefits at the branch level itself. According to the standing counsel, there is some doubt regarding the 2/4

power of the branch manager to grant such benefit. I therefore suo motu impleaded the third respondent in this writ petition. I direct the third respondent to take a call in the matter. The petitioner is permitted to give a formal letter to the third respondent. The third respondent will enquire into the matter. If the third respondent satisfies that the petitioner has settled the loan in full, the document in question shall be returned. In any event, the decision taken by the third respondent shall be communicated to the petitioner so that the petitioner can work out his rights in the manner known to law.

4.This writ petition is disposed of. No costs. 22.12.2023 Index : Yes / No Internet : Yes/ No skm 3/4

G.R.SWAMINATHAN, J.

SKM WP(MD) No.30720 of 2023 22.12.2023 4/4