IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

and

W.M.P. No.38519 of 2025

1.Thamizhazhagan,

S/o.Ramanujam, Anantharayar Street,

Chidambaram, Cuddalore District.

2.T.Vimala

W/o.Thamizhazhagan, Anantharayar Street,

Chidambaram, Cuddalore District.

Petitioner(s)

Vs

1.The Registrar of Co-operative Societies,

NV Natrajan Malligai, Periyar EVR High Road, Poonamallee High Road, Kilpauk, Chennai-10.

2.The General Manager,

Tamilnadu Housing Co-operative Housing

Federal, No.48, Ritherdon Road, Vepery,

Chennai-07.

3.The Secretary,

Subramaniapuram,

Co-operative Housing Building Society,

No.20 P.P.S.Complex, Mel Sanathi,

Chidambaram-608 001, Cuddalore District.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned auction notice vide proceedings in

Na.Ka.En.00166/2024-25/Tho.AA.Section dated 30.7.2024 issued by the 2nd respondent and quash the same and direct the 3rd respondent to return all the original Mortgaged documents of petitioner’s patta land in Survey No.61/3, 624, situated at Vakur Village, Cuddalore District and the House documents in Survey No.266/1, situated at Ward -2, Chidambaram Town, Cuddalore District filed before the 3rd respondent.

For Petitioner(s) : Mr.Raghul Kousik For Respondent(s) : Mr.E.P.Senniyangiri

1 For R2 : Ms.S.Riffath Sulthana for S.Kanmani Annamalai For R3 : Mr.S.Balamurugan

ORDER

The petitioners challenged the order of the 2^nd respondent dated 30.07.2024 wherein the 3^rd respondent had informed that certain amounts are due to the 2^nd respondent Federation and the documents pertaining to the members of the 3^rd respondent Society will be returned only after the 2^nd respondent discharges its liability.

2. Heard Mr.M.Ragul Kousik, learned counsel for the petitioners, Mr.E.P.Senniyangiri, learned counsel appearing for the 1^st respondent, Ms.S.Riffath Sulthana appearing for Ms.S.Kanmani Annamalai, learned counsel for the 2^nd respondent and Mr.S.Balamurugan, learned counsel for the 3^rd respondent.

3. The admitted facts are the petitioners are the owners of the property situated in i) Survey Nos.61/3, 62/4, situated at Vakur Village, Cuddalore District ii) House property in Survey No.266/1, situated at Ward 2, Chidambaram Town, Cuddalore District. The petitioners had mortgaged the property in favour of the 3^rd respondent as a security, for a loan of Rs.4,50,000/-. Initially the petitioners paid equitable monthly installments but thereafter defaulted. Hence, when the Government of Tamil Nadu came up with a proposal for one time settlement, the petitioners grabbed the opportunity. Despite the offer having been made for Rs.7,26,351.45/-, the petitioners did not pay the sum. Finally, on 21.12.2022, the petitioners/ mortgagors approached the 3^rd respondent/ mortgagee and requested the 3^rd respondent to waive the interest and receive the amount in full and final settlement. In consideration of the plea, the 3^rd respondent called upon the petitioners to pay a sum of Rs.6,10,000/- in full quit. The petitioners also paid the sum. Despite the fact mortgage had been extinguished, the documents had not been returned and the encumbrance had not been removed. Hence, the petitioners approached the 3^rd respondent to do the needful.

4. The 3^rd respondent informed that the documents had been handed over to the 2^nd respondent Federation and hence, it is not in a position to retrieve the said documents. The petitioners sent a notice on 15.07.2024 calling upon the respondents 2 and 3 to return the documents and to cancel the encumbrance as the entire amount due had been paid. The 2^nd respondent issued a reply stating that the outstanding amount from the 3^rd respondent is Rs.16,10,693.97/- and informed the petitioners that, once this amount is discharged, the documents will be returned. Aggrieved by the said communication, the petitioners have filed the present writ petition.