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Subbaraman S v. The Chief Manager

Madras HC19 Dec 2025WP(MD)/9336/2024

Case brief

AI extract

What is this about?

Release of mortgaged title deeds after borrower's death; housing loan No.10765228669; State Bank of India Tirunelveli Branch; succession under a Will — life interest to husband and children, vested interest to grandchildren; no-objection certificates from all heirs; missing heir (Venkataraman alias Ragavan, absent seven years); consent by missing heir's wife for minor daughter and by major daughter; writ of mandamus under Article 226; four-week deadline for bank to return title deeds if mortgage amount settled; Madurai Bench of Madras High Court; disposed without costs.

What did the court decide?

Direction to the respondent bank to hand over the title deeds to the writ petitioner within four weeks from receipt of a copy of the order, conditional on the mortgage amount having already been settled; writ petition disposed of without costs.

Subbaraman S Vs The Chief Manager — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should be issued directing the respondent bank to release the title deed mortgaged in housing loan No.10765228669 by considering the petitioner's representation dated 15.03.2024. +1 more

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Court's answer

In case the mortgage amount has already been settled, the respondent bank is directed to hand over the title deeds to the writ petitioner within a period of four weeks from the date of receipt of a copy of the order.

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Ratio / Principle

On the basis of the no-objection certificates from all available heirs — the three daughters, one son, the wife of the missing son on behalf of her minor daughter, and the missing son's daughter who has attained majority — the Court accepted the writ petitioner as entitled to receive the title deeds.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), WP(MD). No.9336 of 2024, disposed of on 19.12.2025 by R.Vijayakumar, J.: Writ petition under Article 226 seeking a mandamus to the Chief Manager, State Bank of India, Tirunelveli Branch, to release the title deed mortgaged under housing loan No.10765228669 in response to the petitioner's representation dated 15.03.2024. The mortgagor, the petitioner's wife Vijayalakshmi, died on 17.02.2022 leaving a Will conferring life interest on her husband and children and vested interest only on the grandchildren. All heirs consented to release of the deeds to the petitioner: the three daughters, one son (Raguraman alias Subbiah), the wife of the missing son Venkataraman alias Ragavan (absent for seven years) on behalf of her minor daughter, and that daughter after attaining majority. Holding that, if the mortgage amount has already been settled, the bank shall hand over the title deeds to the petitioner within four weeks of receipt of a copy of the order; no costs.

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WP(MD). No.9336 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 19/12/2025

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CORAM

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The Hon`ble Mr.Justice R.VIJAYAKUMAR

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WP(MD). No.9336 of 2024

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Subbaraman S ... Petitioner

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The Chief Manager, State Bank of India, Tirunelveli Branch (0932), No.25, Swamy Nellaiappan High Road, Tirunelveli-627001. ... Respondent

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to release the title deed mortgaged in housing loan 10765228669 by considering the representation of the petitioner dated 15.03.2024 and to pass order within a time frame as may be fixed by this Court.

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For Petitioner : Mrs.P.Jessi Jeeva Priya For Respondents : Mr.C.Karthick

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

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WP(MD). No.9336 of 2024

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ORDER

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The present writ petition has been filed seeking a mandamus against the respondent to release the title deed mortgaged in housing loan No.10765228669 by considering the representation dated 15.03.2024.

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It could be seen from the records that the petitioner's wife namely Vijayalakshmi had given the title deeds in security for borrowing a housing loan. She had passed away on 17.02.2022 and she has executed a Will in granting life interest in favour of her husband and her children. Under the Will, vested interest has been given only to the grandchildren. Mrs.Vijayalakshmi had passed away leaving behind her, her husband, three daughters and two sons. All the three daughters have given no objection certificate for handing over the title deeds to the writ petitioner. Out of the two sons, one Mr.Raguraman alias Subbiah has also given his no objection certificate. The other son namely Venkataraman alias Ragavan is missing for the past seven years. The wife of the said Venkataraman has given her no objection on behalf of her minor daughter. The daughter of Venkataraman, who had attained

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

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WP(MD). No.9336 of 2024

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majority, had also given her no objection certificate to the bank for handing over the title deeds to the writ petitioner.

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In view of the above said facts, in case, the mortgage amount

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has already been settled, the respondent bank is directed to hand over the title deeds to the writ petitioner within a period of four weeks from the date of receipt of a copy of this order.

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

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costs.

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19.12.2025

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NCC : Yes/No Index : Yes/No RR TO 1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625002..

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