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2026 Supreme(Online)(Mad) 18615

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Kalidass – Appellant
Versus
The Registrar of Co-operative Societies (Housing) – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.R.Venkatesan
For Respondents: M/s.D.Farjana Ghoushia, Special Government Pleader

Court directed return of mortgaged title documents upon loan payment, reinforcing accountability in loan agreements.

Headnote:Statute Analysis: The petitioner filed a Writ under Article 226 of the Constitution seeking a Mandamus for the return of original title documents pledged for a loan. Facts: The title deeds were mortgaged with the Co-operative Housing Society. Findings: The court directed respondents to release documents upon loan clearance.

Issues: Whether the original documents should be returned after loan payment.

Ratio Decidendi: The court stated that documents are to be returned upon payment of full outstanding loan and interest.

Result: The Writ Petition stands disposed of.

Table of Content
1. writ petition seeks return of mortgage documents. (Para 1)
2. court considers conditions for document release after loan payment. (Para 2)
3. court orders release of documents upon balance payment. (Para 3)

O R D E R

The present Writ Petition has been filed seeking a Mandamus directing respondents 3 to 5 to return the original title deeds pertaining to the petitioner’s property, which had been mortgaged at the time of sanction of the loan by the fifth respondent Co-operative Housing Society.

2. The learned counsel appearing for the third respondent, on instructions, submitted that if the petitioner pays the entire outstanding loan amount together with accrued interest, the original documents would be released.

3. Recording the said submission, the third respondent is directed to release the original title deeds to the petitioner upon payment of the entire balance loan amount along with applicable interest. The documents shall be released within a period of twelve (12) weeks from the date of clearance of the loan amount.

4. With the above observations, this Writ Petition stands disposed of.

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