IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.51262 of 2025 K.Santhosh ..Petitioner(s)

Vs The Branch Manager Canara Bank, 259-r, Karur Main Road, Mulanur, Dharapuram-638106, Tiruppur District.

..Respondent(s)

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 25.08.2025 issued by the Respondent, quash the same and consequently direct the respondent to release all the original documents to petitioner which were given to the respondent under the mortgage deeds dated 15.05.2014(Doc. No.683/2014) dated 21.04.2025 (Doc. No.725/2025) and dated 06.10.2017 (Doc. No.1362/2017) by considering petitioners representations dated 30.07.2025 and 18.08.2025.

For Petitioner(s): M/s. N. Manoharan For Respondent(s): Mr.R.Jagadeesan for M/s.K.V.Subramanian Associates

ORDER

The above Writ Petition has been filed for the following reliefs:-

“calling for the records relating to the impugned order dated 25.08.2025 issued by the Respondent, quash the same and consequently direct the respondent to release all the original documents to petitioner which were given to the respondent under the mortgage deeds dated 15.05.2014(Doc. No.683/2014) dated 21.04.2025 (Doc. No.725/2025) and dated 06.10.2017 (Doc. No.1362/2017) by considering petitioners representations dated

30.07.2025 and 18.08.2025.”

2. The brief facts are as follows:-

2.1. The property measuring an extent of 5 acres 71 ½ cents in SF.No.279/7, 293/10, 508/A, 508/B1 and a half share in the well in SF.No.279/5, Thoorampadi Village, Dharapuram Taluk, Tiruppur District belonging to the petitioner’s maternal grandmother, namely, Valliathal, wife of Muthusamy. The said Valliathal had sold the said property to the petitioner under a sale deed dated 25.03.2025. This sale deed was executed by his grandmother in his favour in order to discharge the mortgage in favour of the respondent bank. The petitioner’s grandmother when she was alive had borrowed a loan from the respondents and executed the following Memorandum of Deposit of Tittle Deeds:-

2.2. The petitioner’s grandmother had settled the loan liability under MoDT dated 06.10.2017 which was registered on 11.02.2022 under Document No.1362/2017. However, due to her age and financial difficulties she was not able to repay the other two loans, namely, loan dated 15.05.2014 and 21.04.2025 and her account had been declared as a Non Performing Asset (NPA). In these circumstances, she had executed a power of attorney in favour of one N.Kannan to deal with her properties. Meanwhile, the petitioner had undertaken to settle the liability and had also settled the same with the respondent bank.

2.3. Thereafter, the petitioner’s grandmother had executed a sale deed dated 25.03.2025 in favour of the petitioner. When the same was presented for registration before the SRO, Mulanur, it was returned with a refusal check slip of the same date. The petitioner had challenged the same by filling WP.No.11959/2025 and by order dated 16.06.2025, this Court had directed the SRO, Mulanur to register the sale deed dated 25.03.2025 and accordingly, the same was registered.

2.4. On 18.06.2025, the petitioner’s grandmother had passed away and thereafter the petitioner had approached the respondent bank to cancel the MoDT and to hand over the original documents. Since there was no response, the petitioner had sent a legal notice on 18.07.2025 with reminders dated 30.07.2025 and on 18.08.2025 to which there was no response. Thereafter, on 20.08.2025, the petitioner had issued a legal notice directing the respondent to release the documents after executing a discharge receipt within a period of 7 days. Thereafter, the respondent had rejected the request of the petitioner through the impugned order dated 25.08.2025. Challenging the same, the petitioner is before this Court.

3. The respondent ba