C. Kumar vs The Zonal Manager
2021 Latest Caselaw 19401 Mad

                                                                                   WP No.4860 of 2021

                        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              Dated : 22.09.2021

                                                     Coram

                       THE HONOURABLE MR. JUSTICE R. MAHADEVAN

                                       Writ Petition No. 4860 of 2021

            C. Kumar                                                               .. Petitioner

                                                     Versus

            1.The Zonal Manager
              Chennai Zonal Office
              Central Bank of India
              No. 48/49, Monteith Road,
              Egmore Road, Chennai – 600 008.

            2.The Regional Manager,
              Chennai Regional Office,
              Central Bank of India
              No. 48/49, Monteith Road,
              Egmore Road, Chennai – 600 008.

            3.The Branch Manager,
              Central Bank of India,
              Tiruvottriyur Branch
              Chennai – 600 019.

            4.M/s.Jagadamba Carbon-dioxide Private Limited,
              130/5, Manali – Ponneri High Road,
              Manali, Chennai – 600 081                                            .. Respondents


                            Writ Petition filed under Article 226 of the Constitution of India praying
                 for issuance of a Writ of Mandamus directing the respondents to forthwith
                 hand over the original title deeds of the property bearing Door No.I – 5, Rohini
                 Garden, Raja Annamalaipuram, Chennai – 600 028 to the petitioner.
https://www.mhc.tn.gov.in/judis/


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                                                                                     WP No.4860 of 2021



                  For Petitioner                     :     Mr. K. Raja
                  For Respondents – 1 to 3           :     Mr. F.B. Benjamin George

                                                         ORDER

With the consent of both sides, this writ petition is taken up for final

disposal.

2. The present writ petition has been filed by the petitioner seeking

to issue a Writ of Mandamus directing the respondents to forthwith hand over

the original title deeds of the property bearing Door No.I – 5, Rohini Garden,

Raja Annamalaipuram, Chennai – 600 028 to him.

3. It is stated by the petitioner that he is the adopted son of

Mr.Rathna Velu and Mrs.Parameshwari, who have no children born out of

their wed lock and therefore, they have adopted him as their son. The said

Rathna Velu died on 19.12.1992. Thereafter, in the year 2003, the said

Parameshwari who was the owner of the aforesaid property, provided the same

as a collateral security for the loan availed by the fourth respondent with the

respondent Bank. The said Parameshwari died on 16.02.2006. Subsequently,

the said loan was cleared by the fourth respondent in the year 2013. After her

death, as an indemnifier, the petitioner had cleared all the loans availed by her https://www.mhc.tn.gov.in/judis/

WP No.4860 of 2021

on her movable and immovable properties. Whenever the petitioner

approached the third respondent and requested to hand over the original title

deeds, the third respondent informed him that the same could not be handed

over to him, unless the dispute between him and one Manivasugi, sister of the

deceased Parameshwari gets resolved.

4. In this context, reference was made to T.O.S.No.7 of 2007 filed

by the deceased Parameshwari's brother and sister viz., Anbazhagan and

Manivasugi for granting of Letters of Administration under Sections 218 &

278 of the Indian Succession Act to the properties and credits of

Mrs.Parameshwari who died intestate. In the said suit, the petitioner is the

first defendant. The said suit was dismissed by this Court vide judgment dated

20.04.2017, against which, the said Anbazhagan and Manivasugi had preferred

an Original Side Appeal in O.S.A.No.322 of 2017 before the Division Bench

of this Court, and the same was also dismissed vide judgment dated

21.12.2018. Thereafter, the petitioner sent a legal notice dated 06.03.2020 to

the third respondent, seeking to hand over the original title deeds or in the

alternative pay the cost of the property viz., Rs.3,00,00,000/- in addition to

damages, for which, the third respondent vide reply notice dated 21.03.2020,

informed him that all the documents deposited at the time of creating equitable https://www.mhc.tn.gov.in/judis/

WP No.4860 of 2021

mortgage were in tact and therefore, unless he produces the specific Court

order to show that he is entitled for the return of original documents standing

in the name of deceased Parameshwari, the original title deeds could not be

handed over to him. Thereafter, on 17.08.2020, the petitioner sent a rejoinder

to the third respondent, stating that as per the judgment passed by this Court in

T.O.S.No.7 of 2007 as well as O.S.A.No.322 of 2017, he is the only person

entitled to get the original title deeds. In response to the said rejoinder, the

third respondent sent a reply notice dated 17.09.2020 to him, stating the unless

he produces the Succession Certificate to show that he is entitled for the return

of original documents standing in the name of deceased Parameshwari, the

original title deeds could not be handed over to him. Aggrieved by the act of

the third respondent, the petitioner has filed this writ petition.

5. Heard the learned counsel on both sides and perused the materials

placed before this Court.

6. As far as this case is concerned, the legal battle between the

petitioner and the fourth respondent had already ended in favour of the

petitioner. The property in question is the self acquired property of the

deceased Parameshwari. After her demise, as an indemnifier, the petitioner had https://www.mhc.tn.gov.in/judis/

WP No.4860 of 2021

cleared all the loans availed by her and till date, he has been holding the

possession of all her properties. It is also to be noted that this Court had

dismissed O.S.A.No.322 of 2017 filed by the siblings of the deceased

Parameshwari by holding that as per Section 15(1)(b) of the Hindu Succession

Act, the petitioner/indemnifier would have priority to succeed the estate of the

deceased Parameshwari. Further, as per the oral direction of this Court dated

16.08.2021, the petitioner has sent a letter along with an indemnity bond dated

23.08.2021 to the third respondent, for the purpose of returning the original

title deeds.

7. In such circumstances, taking note of the observation made by the

Division Bench of this court in OSA.No.322 of 2017, which has not been

questioned by any party, till date, and also considering the fact that the

petitioner already executed an indemnity bond dated 23.08.2021, this court

deems it appropriate to direct the respondents 1 to 3 to consider the claim of

the petitioner and pass appropriate orders, with respect to handing over the

original title deeds standing in the name of the deceased Parameshwari to the

petitioner. Such an exercise shall be completed within a period of four weeks

from the date of receipt of a copy of this order.

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WP No.4860 of 2021

8. Accordingly, this Writ Petition stands disposed of. No costs.

22.09.2021 mrr/rsh Index : Yes/No

To

1.The Zonal Manager, Chennai Zonal Office, Central Bank of India, 48/49, Monteith Road, Egmore Road, Chennai – 600 008.

2.The Regional Manager, Chennai Regional Office, Central Bank of India, 48/49, Monteith Road, Egmore Road, Chennai – 600 008.

3.The Branch Manager, Central Bank of India, Tiruvottriyur Branch, Chennai – 600 019.

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

WP No.4860 of 2021

R. MAHADEVAN, J

mrr/rsh

W.P.No.4860 of 2021

22.09.2021

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