A writ petition sought return of title deeds after full repayment of a co-operative housing loan to the third respondent society. The court held the petitioner was not at fault for the society's failure to remit funds and directed the first respondent federation to return the deeds within four weeks of application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.4718 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.12.2024
CORAM :
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.4718 of 2023
Savithri.R
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu Co-operative Housing Federation, 48, Rithertont Road, Veppary, Chennai-600007.
2.The Deputy Registrar (Housing), 5-A, Besant Road, Ramamoorthy Road, Chokkikulam, Madurai-625002.
3.The Secretary, M.D.A.H.S.G. 124, Madurai District All Co-operative Societies' Workers and Public Service Co-operative Housing Society Ltd., 14 A, Chithrakala Mini Colony, 1st Street, Fact Urakkidangu, Thirunagar, Madurai-625002, Madurai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the
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W.P(MD)No.4718 of 2023
respondents to return of the petitioner's title deeds of sale deed Doc.No. 1711/1995 dated 14.07.1995 and its parent document of Doc.No.1307/ 1992 dated 10.06.1992 registered at Sub Registrar Office, Arasaradi, Madurai.
For Petitioner : Mr.R.Murugappan For R1 : Mr.S.Kanmani Annamalai For R2 & R3 : Mr.S.Kameswaran Government Advocate
ORDER
This Writ Petition is filed seeking for a direction to direct the respondents to return the writ petitioner's title deeds, particularly, sale deed bearing Document No.1711/1995, dated 14.07.1995 and its parent document bearing No.1307/1992, dated 10.06.1992 of Arasaradi Sub Registrar, Madurai.
2 . Heard the learned counsel on both sides and carefully perused
the entire materials available on record.
that the writ petitioner had availed a loan of Rs.1,50,000/- (Rupees One
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W.P(MD)No.4718 of 2023
Lakh and Fifty Thousand only) in the year 2004 and he further submitted that the entire loan amount was disbursed by the writ petitioner to the third respondent Society in the year 2017 and that was acknowledged by the Secretary of the third respondent Society on 10.07.2017, however, so far, the title deeds pertaining to the said mortgage loan were not returned by the third respondent Society. Hence, this writ petition is filed.
W.P(MD)No.4718 of 2023
W.P(MD)No.4718 of 2023
Petition stands allowed. There shall be no order as to costs.
05.12.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No csm
Note : Issue order copy on 09.12.2024 To
5-A, Besant Road, Ramamoorthy Road, Chokkikulam, Madurai-625002.
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W.P(MD)No.4718 of 2023
L.VICTORIA GOWRI, J
csm
M.D.A.H.S.G. 124, Madurai District All Co-operative Societies' Workers and Public Service Co-operative Housing Society Ltd.,
14 A, Chithrakala Mini Colony, 1st Street, Fact Urakkidangu, Thirunagar, Madurai-625002, Madurai District
Order made in W.P.(MD)No.4718 of 2023
Dated : 05.12.2024
1 issue framed by the court
Whether the petitioner, who fully repaid a housing society loan, could be directed return of mortgaged title deeds despite the society's unpaid dues to the apex federation.
1 provisions across 1 enactments
Savithri.R
The Managing Director, Tamil Nadu Co-operative Housing Federation
The Deputy Registrar (Housing)
The Secretary, M.D.A.H.S.G. 124, Madurai District All Co-operative Societies' Workers and Public Service Co-operative Housing Society Ltd.
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
