Madras High Court
WP/32474/2026 of P.CHINNAPPAN Vs THE BRANCH MANAGER on 30 September 2026
WP No. 32474 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 32474 of 2026
CNR:{HCMA011655872026}
P.Chinnappan
..Petitioner(s)
Vs
The Branch Manager
State Bank of India
(Agriculture Development Branch)
Polur, Thiruvannamalai District.
..Respondent(s)
Prayer:
This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus directing the respondent to return the original Partition deed dated 10.07.1955 registered as Doc.No.857 / 1955
deposited creating equitable mortgage with the respondent to the petitioner and award suitable amount of compensation.
For Petitioner(s):
Mr.P.Rajavelu
For Respondent(s):
Mr.M.L.Ganesh
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WP No. 32474 of 2026
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Order
This writ petition is filed for the following relief: “To direct the respondent to return the original Partition deed dated 10.07.1955 registered as Doc.No.857 / 1955 deposited creating equitable mortgage with the respondent to the petitioner and award suitable amount of compensation.”
2. The petitioner in effect has converted the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India into a civil court by seeking a relief that is covered by the provisions of the Transfer of Property Act.
3. The contention of the petitioner is that the said document was filed with the respondent bank for the purpose of obtaining an agricultural loan in the month of October 1987. The petitioner repaid more than 50% of the loan amount and the balance amount of loan was waived by the NABARD as per Agricultural Debt Waiver and Debt Relief Scheme 2008. However, the respondent has not returned the original document to the
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WP No. 32474 of 2026
petitioner. The petitioner made several representations. Since there is no response, the petitioner has come forward with this writ petition.
4. Heard the learned counsels and perused the records.
5. Mortgages are covered under the provisions of the Transfer of Property Act, herein after called the Act. Section 60 of the Act discusses the rights of the mortgagor to redeem and the same would read as follows: “Right of mortgagor to redeem At any time after the principal money has become 14[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-money, to require the mortgagee (a) to deliver 15[to the mortgagor the mortgage- deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], (b) where the mortgagee is in possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an
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WP No. 32474 of 2026
acknowledgment in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished: Provided that the right conferred by this section has not been extinguished by act of the parties or by 16[decree] of a Court. The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption. Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgagee shall be entitled to reasonable notice before payment or tender of such money.
6. From a reading of the affidavit filed in support of the writ petition it is clear that the relief claimed by the petitioner is one for redemption. The aforesaid Section provides that a right to redeem can be enforced by filing a suit for redemption. Therefore, when there is an exclusive procedure provided, the petitioner cannot be allowed to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
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WP No. 32474 of 2026
7. Though this writ petition is not maintainable, the learned counsel for the respondent / bank on instructions, submits that they are ready to hand over the documents to the petitioner as and when he produces proof to them. The petitioner is directed to go to the branch on 16.10.2026, and the respondent shall immediately hand over the documents subject to his providing the necessary proof.
8. Accordingly, this writ petition is dismissed as not maintainable. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KAN
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WP No. 32474 of 2026
To The Branch Manager State Bank of India (Agriculture Development Branch) Polur, Thiruvannamalai District.
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WP No. 32474 of 2026
P.T.ASHA J. KAN WP No. 32474 of 2026 12-10-2026
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