Petitioner, a legal heir of a borrower who had repaid a 1990 mortgage loan from a co-operative building society, challenged an auction notice over the property. The court noted the mortgage stood discharged and directed respondents to raise the attachment entry within 15 working days and return the title deed after verifying legal heirs' no objection.
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1 W.P.No.6479 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.6479 of 2018 and WMP.No.7995 of 2018
K. Loganathan
... Petitioner
Vs.
Vellore – 1. … Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned auction notice in ARC No.2935/93-94 in CEP No.84/2000-2001 dated 19.02.2018 on the file of the 1st respondent in respect of the petitioner's property of land and building in Plot No.105, Phase – 2, Serial No.471, Tamil Nadu Housing Board, Sathuvachari,
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Vellore having an extent of 81.74 sq.mts and quash the same and consequently direct the respondents to issue clearance certificate to the petitioner as to the subject loan in the name of the petitioner's father deceased K.A.Kuppusamy and also release the mortgage of the said property within a reasonable time to be fixed by this Court.
For Petitioner .. Mr.D.R.Arunkumar
For Respondents .. Mr.B.Tamil Nidhi Addl.Government Pleader for R1 & R2
O R D E R
This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned auction notice in ARC No.2935/93-94 in CEP No.84/2000-2001 dated 19.02.2018 on the file of the 1st respondent in respect of the petitioner's property of land and building in Plot No.105, Phase – 2, Serial No.471, Tamil Nadu Housing Board, Sathuvachari, Vellore having an extent of 81.74 sq.mts and quash the same and consequently direct the respondents to issue clearance certificate to the petitioner as to the subject loan in the name of the petitioner's father deceased K.A.Kuppusamy and also release the mortgage of the said property within a reasonable time.
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that if it is handed over to any one of the legal heir, that the other legal heirs
have also give their No Objection Certificate. Attachment to be raised by applying to the jurisdiction Sub Registrar within a period of 15 working days from the date of receipt of a copy of this order.
Consequently, connected miscellaneous petition is also closed.
16.12.2024
Index:Yes/No Internet:Yes/No dpq
5 W.P.No.6479 of 2018
C.V.KARTHIKEYAN, J.
dpq
To
W.P.No.6479 of 2018
6 W.P.No.6479 of 2018
16.12.2024
1 issue framed by the court
Whether the auction notice over the mortgaged property could be quashed when the mortgage loan had been fully discharged.
1 provisions across 1 enactments
K. Loganathan
The Deputy Registrar of Co-operative Societies (Housing) Vellore Region, Vellore
Vellore Co-operative Building Society Ltd.
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
