Writ Petition No.5889 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.02.2025 Coram THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.5889 of 2025 Kuppudevi W/o.Kuppusamy .. Petitioner vs. The Branch Manager M/s.Indian Bank Idaikazhinadu Branch Kadapakkam Cheyyur Taluk Chengalpattu District Pincode – 603 304 .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to return all the jewels and the Sale Deed dated 18.01.1995 registered as Document No.51/1995 in SRO, Cheyyur, pursuant to discharge of Jewel Loan A/c.Nos.2381 and 3976 of 2020, Machinery Loan A/c No.6440182019 and OD A/c.No.58439793 and Personal Loan A/c.No.6989063575 to the petitioner within a stipulated period. For Petitioner : Mr.P.Santhosh For Respondent : Mr.V.Kalyana Raman ***** 1/5 https://www.mhc.tn.gov.in/judis Writ Petition No.5889 of 2025 O R D E R This writ petition is filed for a mandamus to direct the respondent Bank to return all the jewels and the Sale Deed dated 18.01.1995 registered as Document No.51/1995 on the file of Sub-Registrar, Cheyyur, pursuant to the discharge of Jewel Loan A/c.Nos.2381 and 3976 of 2020, Machinery Loan A/c No.6440182019 and OD A/c.No.58439793 and Personal Loan A/c.No.6989063575 to the petitioner. 2. The grievance of the petitioner is that her husband by name Kuppusamy availed the above said loans. In the year 2022, he had gone missing and a man missing complaint was given, but he still remains untraceable. Under the said circumstances, the petitioner had repaid all the loans. Now because the husband could not be present and because the petitioner could not also move the Civil Court for a declaration as 7 years have not yet over, the bank is not returning the jewels and the documents. The Bank is insisting upon a Non-traceable Certificate or a decree of the Civil Court. Under such circumstances, the petitioner has approached this Court. 2/5 https://www.mhc.tn.gov.in/judis Writ Petition No.5889 of 2025 3. When the matter came up for hearing, Mr.V.Kalyana Raman, learned counsel, who has accepted notice, submits that it is true that all the loans have been discharged and there are no dues. Only because the pledging as well as the mortgage was done by the husband of the petitioner, unless he is present before the Bank, the Bank cannot release the jewels and the documents. In this case, the petitioner has made an application and all the other close relatives also given Affidavit of No Objection. As a matter of fact, Indemnity Bond is also given by the petitioner and others, but however, only due to technical difficulty, the Bank could not release the jewels and the documents. 4. I have considered the submissions made on behalf of both sides. The stand taken by the Bank could not be faulted under law, but given the facts situation that the petitioner's husband has left home and he is not traceable and that the entire loan amount has been paid by the petitioner being the wife, this Court is of the view that this is a fit case to exercise extraordinary jurisdiction under Article 226 of the Constitution of India. 3/5 https://www.mhc.tn.gov.in/judis Writ Petition No.5889 of 2025 5. Considering the facts and circumstances of the case, the respondent Bank is directed to release the jewels as well as the documents that have been mortgaged along with issue of No Objection Certificate, if any and it is made clear that the petitioner and others would be bound by the indemnity bond that is executed by them and the Letter of Undertaking given by them. The discharge receipt given by the Bank shall also be registered by the concerned Sub-Registrar upon being produced by the subordinate officials of the Bank without insisting on the presence of the petitioner's husband. The writ petition is disposed of accordingly. There shall be no order as to costs. 20.02.2025 Index: Yes Speaking Order Neutral Citation:Yes gpa To The Branch Manager M/s.Indian Bank Idaikazhinadu Branch Kadapakkam Cheyyur Taluk Chengalpattu District Pincode – 603 304 4/5 https://www.mhc.tn.gov.in/judis Writ Petition No.5889 of 2025 D.BHARATHA CHAKRAVARTHY., J gpa Writ Petition No.5889 of 2025 20.02.2025 5/5 https://www.mhc.tn.gov.in/judis