Madras High Court
U.Agnes Sheeba vs The Regional Manager on 22 May, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.14621 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14621 of 2025
and
W.M.P(MD)No.10836 of 2025
U.Agnes Sheeba ... Petitioner
Vs.
1.The Regional Manager,
Reserve Bank of India,
Fort Glacis,
Chennai-600 001.
2.The Sub-Registrar,
Karungal Sub Registrar Office,
Kanyakumari District.
3.The Branch Manager,
Union Bank of India,
Karungal Branch,
18/B1, Seelam Complex,
Opposite to CSI Home Church,
Karumavilai,
Kanyakumari District-629 157. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the impugned proceedings, dated 09.05.2025 on the file of
1/6
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W.P(MD)No.14621 of 2025
the third respondent and quash the same as illegal and further directing the third
respondent to cancel the memorandum of deposit of title deed in respect of the
property in old Survey No.3640 and Re-Survey No.337/21 situated in Midalam
A Village, Vilavancode, Kanniyakumari District measuring to an extent of
14.125 cents and consequently to release the original title documents to the
petitioner forthwith and to pass such further or other orders as this Court.
For Petitioner : Mr.K.Jeyamohan
For R-2 : Mr.A.Kannan
Additional Government Pleader
For R-3 : Mr.V.Balasubramanian
ORDER
The present writ petition has been filed seeking to quash the order passed
by the third respondent Bank, wherein it has informed the writ petitioner that
unless the legal heirs of the borrower approached the Bank, they would not
cancel the MOD or hand over the original title deeds.
2. According to the learned Counsel appearing for the petitioner, she is a
decree holder in a money suit and the property is being brought to Court
auction. Pending money suit, the judgment debtor has mortgaged the property
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with the Bank. However, she has already cleared the bank loan and the bank is
also accepting the fact that the bank loan has been cleared. In the meantime, the
borrower has passed away.
3. It is the contention of the third respondent Bank, unless the legal heirs
of the borrower approached the Bank, they will not execute the cancellation of
MOD or return the original title deeds. Aggrieved over the said order, the
present writ petition has been filed.
4. It is not in dispute that the borrower has cleared the loan and the Bank
is ready to execute cancellation of MOD. However, they are apprehensive of
the fact that they cannot hand over the original title deeds to the writ petitioner
unless the legal heirs appear in person and receive the same.
5. In view of the above said circumstances, this Court is inclined to pass
the following order:
"a) The third respondent Bank is directed to execute
cancellation of MOD before the second respondent.
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b) The Registered cancellation deed of MOD and the parent
documents may be submitted to the custody of the Principal
District cum Sessions Judge, Kanyakumari in E.P.No.6 of 2021 in
O.S.No.142 of 2019 after obtaining due acknowledgment from the
Court.
c) The said exercise shall be completed within a period of
four (4) weeks from the date of receipt of a copy of this order.
d) The cancellation of MOD and the submission of the
original title deeds before the Court shall be informed by the Bank
as well as the writ petitioner herein to the legal heirs of the
deceased borrower."
6. With the above direction, this writ petition stands disposed of. There
shall be no order as to costs. Consequently, connected Miscellaneous Petition
stands closed.
22.05.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
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To
1.The Regional Manager,
Reserve Bank of India,
Fort Glacis,
Chennai-600 001.
2.The Sub-Registrar,
Karungal Sub Registrar Office,
Kanyakumari District.
3.The Branch Manager,
Union Bank of India,
Karungal Branch,
18/B1, Seelam Complex,
Opposite to CSI Home Church,
Karumavilai,
Kanyakumari District-629 157.
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R.VIJAYAKUMAR, J.
BTR
22.05.2025
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