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N. SATHISH KUMAR
C. Panneerselvam – Appellant
Versus
Registrar, Cooperative Societies (Housing) Tamil Nadu – Respondent
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 Governmen
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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