Disposed

N.Mounagurusamy v. The Joint Registrar of the

Madras HC8 Sept 2023WP/8694/2023

Case brief

AI extract

What is this about?

Petitioners sought cancellation of mortgage deeds in favour of a cooperative society after repaying the loan. The First Respondent conditioned cancellation on a No-Objection Certificate from the investigating police (5th Respondent). The Court directed the police to decide on the petitioners' representation and intimate the registrar.

What did the court decide?

Direction to the Inspector of Police to consider the petitioners' representation and intimate a decision to the First Respondent within four weeks.

N.Mounagurusamy Vs The Joint Registrar of the — Cooperative Societies | Madras HC (2023)

¶1

W.P.No.8694 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.09.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

¶6

W.P.No.8694 of 2023

1.N.Mounagurusamy

2.M.Vidya

... Petitioners

vs.

1.The Joint Registrar of the Co-operative Societies, 4^th Floor, Collectorate, Tiruppur.

¶12

2.The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram,

¶13

Tiruppur District.

¶14

3.The Sub Registrar Cum Auditing officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.

¶15

4.The Secretary,

¶16

K. 797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.

¶17

1/6

¶18

https://www.mhc.tn.gov.in/judis

¶19

5.The Inspector of Police, CCIW CID, Coimbatore Rural Unit Police Station, Coimbatore – 641 018.

¶20

W.P.No.8694 of 2023

¶21

... Respondents

¶22

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to cancel the mortgage deeds Document No.2229 of 2014 and 2231 of 2014 on the file of the Sub Registrar Office, Gomangalam within a time frame as fixed by this Court by considering the petitioner's representation dated 03.02.2023.

¶23

For Petitioners : Mr.R.Kannan For R1 to R4 : Mr.R.U.Dinesh Rajkumar Additional Government Pleader For R5 : Mr.J.Subbaiah Government Advocate (Crl.Side)

¶24

O R D E R

¶25

The writ petition is filed seeking direction to the respondents to cancel the mortgage deeds executed by the petitioners in Document Nos.2229 of 2014 and 2231 of 2014 on the file of the Sub Registrar Office, Gomangalam within a time fixed by this Court by considering the petitioners' representation dated 03.02.2023.

¶26

2/6

¶27

https://www.mhc.tn.gov.in/judis

¶28

W.P.No.8694 of 2023

¶29

Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader

¶30

takes notice for the respondents 1 to 4 and Mr.J.Subbaiah, learned Government Advocate (Crl.Side) takes notice for the 5^th respondent.

¶31

It is the case of the petitioners that they availed agricultural loans from the 4^th respondent-Society and for proper payment of the loan amount, the petitioners also mortgaged the said properties in favour of 4^th respondent on 12.08.2014 and executed proper mortgage deeds registered as Document Nos.2229 of 2014 and 2231 of 2014 on the file of the Sub Registrar Office, Gomangalam. It is the specific case of the petitioner that entire outstanding amount with interest on their loan accounts had been paid by them to the 4^th respondent-Society. Therefore, the petitioners seek cancellation of the mortgage deeds executed by them to remove the encumbrance on the properties.

¶32

The 1^st respondent filed a counter affidavit, wherein it is stated that an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 was ordered into the affairs of the 4^th respondent-Society and based on the enquiry report, a criminal proceeding was initiated against the

¶33

3/6

¶34

https://www.mhc.tn.gov.in/judis

¶35

W.P.No.8694 of 2023

¶36

Management of the 4^th respondent-Society. It is further stated that all the records pertains to the loans disbursed by the Society and mortgage documents are now in the possession of the 5^th respondent, who is investigating the criminal case.

¶37

It is further stated by the 1^st respondent in his counter affidavit that if the 5^th respondent intimate to him that the petitioners have no role in the matter pending investigation and gives no objection for discharge of the petitioners' loan, the request of the petitioners can be considered and suitable orders will be passed for cancelling the registered mortgage deeds. The relevant averments of the 1^st respondent in his counter affidavit reads as follows:-

¶38

“I state that if the 5^th respondent confirm that the petitioner has no role in the Criminal Proceeding and gives a no-objection certificate to then the Petitioner's loan can be discharged, the same can be considered by the 4^th respondent and suitable orders will be passed in cancelling the registered mortgage deed.”

¶39

4/6

¶40

https://www.mhc.tn.gov.in/judis

¶41

W.P.No.8694 of 2023

¶42

In view of the specific stand taken by the 1^st respondent in his counter affidavit, this Court is inclined to issue a direction to the 5^th respondent to consider the representation of the petitioners dated 03.02.2023 and take a final decision on the request of the petitioners for cancellation of the mortgage deeds and intimate the same to the 1^st respondent within a period of four weeks from the date of receipt of copy of this order.

¶43

With the above direction, the writ petition is disposed of. No costs.

¶44

08.09.2023 (2/2)

¶45

Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

¶46

5/6

¶47

https://www.mhc.tn.gov.in/judis

W.P.No.8694 of 2023

S.SOUNTHAR, J.

1.The Joint Registrar of the Co-operative Societies,

¶53

4^th Floor, Collectorate, Tiruppur.

¶54

2.The Assistant Registrar of the Co-operative Societies, Office of the Co-operative Societies, Dharapuram Region, Dharapuram, Tiruppur District.

¶55

3.The Sub Registrar Cum Auditing officer of the Co-operative Societies, Gudimangalam, Udumalpet Taluk, Tiruppur District.

¶56

W.P.No.8694 of 2023

¶57

4.The Secretary, K. 797, Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Udumalpet Taluk, Tiruppur District.

¶58

5.The Inspector of Police, CCIW CID, Coimbatore Rural Unit Police Station, Coimbatore – 641 018.

¶59

08.09.2023 (2/2)

¶60

https://www.mhc.tn.gov.in/judis

¶61

6/6

N.Mounagurusamy v. The Joint Registrar of the

Case brief

What is this about?

What did the court decide?

N.Mounagurusamy v. The Joint Registrar of the

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.James Vs The Commissioner

Basuvaraj Vs the District Collector

S.Gunasekaran Vs the District Collector

N.Mounagurusamy Vs The Joint Registrar of the

M.I.Jaffar Ibrahim Vs Anshul Misra and another

N.Senthilkumar Vs The Joint Registrar of Co-operative societies