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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. SATHISH KUMAR, J.
C. Panneerselvam - Petitioner
Versus
The Registrar, Cooperative Societies (Housing) Tamil Nadu & Ors. - Respondents
W.P.(MD) No. 18995 of 2024
Decided On : 06-08-2024
MANDAMUS - RETURN OF DOCUMENTS - The court held that upon full payment of the loan amount, the mortgaged documents must be returned to the petitioner. The court emphasized the obligation of the respondents to return the documents once the debt is settled, thereby reinforcing the legal principle that a borrower is entitled to the return of their documents upon fulfilling their financial obligations.
Fact of the Case:
The petitioner filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus for the return of original documents related to a mortgage deed after full payment of the loan amount.
Finding of the Court:
The court found that the petitioner had paid the entire due amount and that the respondents were obligated to return the documents. The court noted that the respondents acknowledged this obligation.
Issues: Whether the respondents are required to return the original documents after the petitioner has paid the entire loan amount.
Ratio Decidendi: The court concluded that once the loan is fully paid, the mortgaged documents must be returned to the borrower, establishing the principle that the return of documents is a right of the borrower upon settlement of debts.
Result: The court directed the third respondent to return the documents to the petitioner within one month from the receipt of the order.
ORDER :
N. Sathish Kumar, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 to 3 to return back the original documents relating to the S.No.276/1, Sunaiyakadu Village, Aranthangi Taluk, Pudukkottai District, mortgaged deed bearing D.No.3175 of 1982 in favour of third respondent society.]
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to return back the original documents relating to the S.No.276/1, Sunaiyakadu Village, Aranthangi Taluk, Pudukkottai District, mortgage deed bearing D.No.3175 of 1982 in favour of third respondent society.
2. Mr. D. Gandhiraj, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The grievance of the Petitioner is that after payment of the entire due, the documents deposited by the Petitioner has not been returned despite several representations have been made in this regard. Hence the Petitioner has filed this Writ Petition for the relief stated supra.
4. The learned Special Government Pleader, on instructions, submitted that if the entire due is paid, the document would be returned to the Petitioner.
5. This Court is of the view that once the loan amount has been paid, the respondents should return the documents deposited by the Petitioner and hence, the third respondent is directed to return the documents as sought for herein to the Petitioner within a period of one month from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition stands disposed of. No costs.
AI
A borrower is entitled to the return of mortgaged documents upon full payment of the loan amount, reinforcing the legal obligation of lenders to return such documents.
The court emphasized the need to confirm the status of disputed documents before issuing a positive direction.
Once the loan dues are cleared, banks are expected to release the original documents without any condition.
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