IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
Dr.K.Senthil – Appellant
Versus
The Regional Director – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI Dr.K.Senthil S/o M. Krishnamoorthy F1, GH Campus, Neyveli 607 802 ..Petitioner(s)
Vs
1. The Regional Director Reserve Bank of India Fort Glacis, No 16, Rajaji Salai, Chennai 600 001
2. RBI ombudsmen Reserve Bank of India Fort Glacis No 16 Rajaji Salai, Chennai 600 001
3. Regional Nodal officer Tamil nadu DCB bank 8-2-120/84 2nd Floor, Jyoti Majestic, Banjara Hills, Hyderabad 500 034
4. The Branch Manager DCB Bank, Old No 37/1, New No 2/1 Jambulingam Street, Nungambakakm, Chennai 600 034.
..Respondent(s)
PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to dispose of the petitioner’s representation dated 06.12.2025 and consequently direct the 3rd and 4th respondents to return the petitioner’s original Sale Deed dated 05.09.2000, registered as Doc. No 2856 of 2000, on the file of SRO Mylapore and Execute and Register the Cancellation of the Mortgage Deed dated 16.12.2004 registered as Doc. No 3600 of 2004, on the file of SRO Mylapore within a time frame to be fixed by this Court.
For Petitioner(s): Mr. S.Indrajith For Respondent(s): Ms.Rita Chandrasekar for M/s.Aiyar and Dolia for R1 and R2 Ms.A.S.Neela Narayani for R3 and R4
ORDER
The present Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the respondents 1 to 3 to dispose of the petitioner’s representation dated 06.12.2025 and consequently direct the 3rd and 4th respondents to return the petitioner’s original Sale Deed dated 05.09.2000, registered as Doc. No 2856 of 2000, on the file of SRO Mylapore and Execute and Register the Cancellation of the Mortgage Deed dated 16.12.2004 registered as Doc. No 3600 of 2004, on the file of SRO, Mylapore within a time frame to be fixed by this Court.
2. The learned counsel for the petitioner would submit that the petitioner stood as a co-borrower along with his brother and availed a loan of a sum of Rs.36,00,000/- from the 3rd and 4th respondent Bank on 17.12.2004, by executing a Mortgage Deed dated 16.12.2004 vide Doc.No.3600/2004 on the file of the Sub-Registrar Office, Mylapore. The said loan was fully repaid in the year 2014 and the 4th respondent has also issued a No Due Certificate confirming the settlement of the entire amount. However, despite such full settlement, the Bank has failed to return the original Sale Deed of the petitioner.
Hence, the present Writ Petition has been filed.
3. The learned counsel for the petitioner would submit that the petitioner’s brother namely, K.Saravanan, who was the main borrower, passed away in the year 2020. Thereafter, certain misunderstanding arose between the petitioner’s family and the family of the deceased brother. It is further submitted that the property which was mortgaged by the petitioner along with his brother stands exclusively in the name of the petitioner. Even if the document is released in favour of the petitioner, the legal heirs of his deceased brother will have no claim with the said property. If at all they have any claim, it is open to them to work out their remedy in the manner known to law. The petitioner is also ready to execute an Indemnity Bond in favour of the 3rd and 4th respondent.
Accordingly, he prays for appropriate orders.
4. The learned counsel for the 3rd and 4th respondents submitted that the main borrower was one Saravanan, and he died in the year 2020. However, the entire loan amount has been repaid in the year 2014. It is also submitted that the property stands in the name of the petitioner, However, apprehending possible claims in future by the legal heirs of the deceased main borrower as against the petitioner and the Bank, the document has not been released. Nevertheless, the 3rd and 4th respondents submitted that they would abide by any appropriate orders that may be passed by this Court.
5. Heard the learned counsel appearing for both
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