A. MUTHIAH Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the fourth respondent, the Sivagangai Mavatta Anaithu Nagaratchi, Perooratchi, Ooratchi, Ondriya Paniyalarkal Matrum Pothu Kooturavu Veettuvasathi Sangam Limited, represented by its President to return the sale deed in Doc.No.1612/2000, dtd. 21/7/2000, which had been deposited by the petitioner herein with the said fourth respondent, as mortgage by deposit of title deed in connection with housing loan No.9, Member No.222, between the petitioner and the fourth respondent. The petitioner had given a representation, dtd. 7/9/2021.

(2.) Heard Mr.K.Sundaravel, learned Counsel for the petitioner, Mr.Shanmugavel, learned Additional Government Pleader for the respondents 1, 3 and 4 and Mr.Kanmanai Annamalai, learned Counsel for the second respondent.

(3.) The petitioner and the fourth respondent had a contractual relationship. The fourth respondent had advanced housing loan. The petitioner had deposited the title document aforementioned with the fourth respondent. The housing loan advanced to the petitioner was a sum of Rs.1,20,000.00. This has to be repaid by the petitioner within a period of ten years. The petitioner had also completed the construction of the house and had commenced repayment of the term loan from 1/9/2004. The petitioner had paid a total sum of Rs.1,57,990.00 till 24/9/2012. The amount paid under the mortgage receipt to a sum of Rs.3,100.00 was also taken into account as repayment of the loan. Totally it is claimed that the petitioner had paid a sum of Rs.1,61,090.00. A further sum of Rs.8,500.00 was also with the fourth respondent as membership share amount. A subsidy had been announced by the Government of Tamil Nadu and on calculation, it is claimed that the petitioner is deemed to have paid a sum of Rs.51,430.00 on 30/6/2011. The last payment made by the petitioner was on 24/9/2012 to a sum of Rs.29,980.00.