WP/17362/2026 of C.Thamizhamaran Vs The Regional Director on 10 September 2026

Order

This writ petition has been filed seeking a direction to the 2nd respondent bank to receive the sum of Rs.2,00,000/- from the petitioner being the dues in respect of the agricultural loan availed by the 3rd respondent thereby return the original title deeds along with a “No Due certificate” to the petitioner within a time frame.

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2. The petitioner would submit that she purchased the property situated at Kayarambedu Village, Chengalpattu Taluk, under a registered Sale Deed dated 22.11.2010 from the 3rd respondent, who had obtained a General Power of Attorney dated 20.08.2007 in favour of the 4th respondent. At the time of purchase, the original title deeds were not available, and the registration was proceeded based on the available patta and other records. The petitioner would submit that she was informed that the property was ancestral and free from any encumbrance. After the purchase, she and the neighbouring owners obtained the necessary approvals and developed the property, and a Gift Deed was also executed in favour of the local body. Subsequently, the petitioner came to know that the original title deeds had been retained by the 2nd respondent-Bank in connection with an old equitable mortgage under a Mortgage Deed dated 21.07.1987, originally for Rs.8,000/- and later stated to be around Rs.2,00,000/-.

3. The petitioner would further submit that she was not informed about the said mortgage by the respondents 3 and 4. In order to clear the outstanding dues and obtain the original title deeds, she enclosed a Demand Draft dated 29.09.2025 for Rs.2,00,000/-. However, despite repeated requests, the 3rd respondent had not discharged the loan and demanded further amounts. The petitioner thereafter lodged a police complaint dated 23.02.2026, which was registered as Complaint No.192/2026, and the Sub-Inspector issued a letter

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dated 11.03.2026 to the 2nd respondent-Bank to receive the dues and hand over the original title deeds. As no effective action was taken by the respondents, the petitioner has filed the present writ petition seeking a direction to the respondents to release the original title deeds.

4. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 and 2.

5. From the papers, it is seen that the property had been mortgaged to the 2nd respondent-Bank under a Mortgage Deed dated 21.07.1987 by the 3rd respondent. The petitioner has purchased the property in question from the 3rd respondent through his Power Agent, who has been arrayed as the 4th respondent. The petitioner has approached the bank to redeem the mortgage. The 2nd respondent-Bank had directed the petitioner to obtain a No Objection Certificate from the original owner. However, the petitioner has approached this Court seeking a mandamus to the Bank to receive the dues and hand over the original title deeds without reference to respondents 3 and 4. The petitioner seeks to redeem a mortgage by invoking the jurisdiction of this Court under Article 226 of the Constitution of India and not under the provisions of the Transfer of Property Act. The writ Court cannot go into the issue of title or the

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question of redemption of the mortgage and the petitioner’s remedy lies elsewhere. Without availing the alternate remedy, the petitioner has approached this Court. Hence, this writ petition is not maintainable and accordingly is dismissed. No costs. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRN To

1. The Regional Director Reserve Bank of India No.16, Rajaji salai Fort Glacis Chennai-600 001

2. The Chief Manager State Bank of India Kamarajar salai Tambaram Chennai

WP No. 17362 of 2026

P.T.ASHA J. SRN WP No. 17362 of 2026 06-10-2026