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2022 Supreme(Online)(MAD) 24470
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 22.09.2022 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.12616 of 2022 Ponnuthai ... Petitioner Vs
1.The Joint Registrar of the Co-operative Societies, 4th Floor, Collectorate, Tiruppur. 2.The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram, Tiruppur District.
3.The Sub-Registrar-cum-
Auditing Officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.
4.The Secretary, K.797, Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.
5.The Inspector of Police, CCIW CID, Coimbatore Rural Unit, Police Station, Coimbatore – 641 018. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to cancel the mortgage deed document No.1221 of 2004 on the file of the Sub-Registrar Office, Gomangalam and consequently to return back the original title deeds to the petitioner within a time frame as fixed by this Hon'ble Court by considering the petitioner's representation dated 28.03.2022.
For Petitioner : Mr.D.R.Arun Kumar For Respondents : Mr.R.V.Dinesh Raj Kumar, Additional Government Pleader – R1 to R3 Mr.S.Arumugam - R4 Mr.K.Surendran, Additional Government Pleader - R5
O R D E R
Mr.R.V.Dinesh Raj Kumar, learned Additional Government Pleader accepts notice for R1 to R3, Mr.S.Arumugam, learned counsel accepts notice for R4 and Mr.K.Surendran, learned Additional Government Pleader accepts notice for R5. All learned counsels are in possession of the facts necessary to dispose this writ petition even at the stage of admission.
2.The petitioner had availed loan from R4 Society and had mortgaged the title deeds of his property bearing mortgage deed document No.1221 of 2004 registered under the file of the Sub-Registrar office, Gomangalam. According to her, she has discharged the loan on 25.07.2011 in full. But, despite there being no dues, the documents have not been returned.
3.R4 society has been brought under the control of an administrator and a criminal case for mis-appropriation is stated to be under investigation by R5 who is now in possession of all records of the society including the documents of the petitioner.
4.Learned counsel who accepted notice for R5 would assure the Court that the petitioner's grievance will be looked into and if there are no dues and no role played by the petitioner in any of the malpractices committed by the R4 society, for which a specific order shall be passed, by R5 and R4, intimation will be given to the authorities and the mortgage discharged.
5.All respondents agree that the process as aforesaid will be completed within a period of one (1) month from the date of receipt of copy of this order.
6.This writ petition is disposed as above. No costs.
22.09.2022 kbs Index : Yes Speaking Order To
1.The Joint Registrar of the Co-operative Societies, 4th Floor, Collectorate, Tiruppur.
DR.ANITA SUMANTH, J.
kbs
2.The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram, Tiruppur District.
3.The Sub-Registrar-cum-
Auditing Officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.
4.The Secretary, K.797, Kongalnagaram Primary Agricultural Co-operative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.
5.The Inspector of Police, CCIW CID, Coimbatore Rural Unit, Police Station, Coimbatore – 641 018.
W.P.No.12616 of 2022
22.09.2022
