BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 04/10/2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD)No.9358 of 2010 R.Balaji Ganesan .. Petitioner Versus The Branch Manager, Indian Overseas Bank, Thillai Nagar Branch, Trichy - 620 018. .. Respondent Prayer This petition has been filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to hand over the title documents relating to i) S.No.307, D.No.2, Katha Pillai Street, Main Road, Melur Taluk, Madurai District, ii) S.No.243/2C1A, D.No.17A, Kasukara Chetty Street, Thattan Karuppan Koil Street, Melur Taluk, Madurai District and iii) S.No.243/2C1A, D.No.17A, Kasukara Chetty Street, Thattan Karuppan Koil Street, Melur to the petitioner which were deposited by the petitioner with the respondent in respect of cash credit loan C.c.129. !For Petitioner ... M/s.D.Malaichamy ^For Respondent ... M/s.M.Senthil Kumar :ORDER
Heard Mr.D.Malaichamy, the learned counsel appearing on behalf of the
petitioner, as well as Mr.M.Senthil Kumar, the learned counsel appearing on
behalf of the respondent.
2. At this stage of the hearing of the writ petition, the learned counsel
appearing on behalf of the respondent had
submitted that the documents in question, which had been in the custody of the
respondent bank, in respect of the mortgage, relating to the cash credit availed
by the petitioner, had been kept with the bank for providing collateral
security, for the educational loan granted in favour of the petitioner’s
brother’s daughter.
3. In such circumstances, the relief prayed for, by the petitioner, in the
present writ petition, cannot be granted. Therefore, the writ petition stands
dismissed. No costs. However, it would be open to the petitioner to approach the
respondent with a request to release some of the documents mortgaged with the
respondent bank, if he is so advised. On such request being made, the
respondent may consider the same and pass appropriate orders thereon, as
expeditiously as possible.
srm
To
The Branch Manager,
Indian Overseas Bank,
Thillai Nagar Branch,
Trichy – 620 018.