1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8825 of 2011 W.Ebenezar .. Petitioner Vs. The Secretary, Thiruparankundram Co-operative Primary Agricultural and Rural Development Bank Ltd., Pandyanadu Co-operative Training Complex, G.R.S.T.Road, Thirunagar, Madurai-6. .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the the respondent not to harass and attempt to collect the alleged dues in the mortgage loan amount in respect of the mortgage deed dated 31.01.2003 in favour of the respondent. For Petitioner : Mr.C.A.Ganapathi For Respondent : Dispensed with ORDER This Writ Petition has been filed by the petitioner for a Writ of Mandamus, to direct the respondent not to harass and attempt to collect the alleged dues in the mortgage loan amount in respect of the mortgage deed dated 31.01.2003 in favour of the respondent. 2. In view of the order to be passed, notice to the respondent is dispensed with. 3. Heard Mr.C.A.Ganapathi, learned Counsel for the petitioner. 4. The petitioner claims that he borrowed certain amount from the respondent-Society on 31.01.2003 and he has given certain property by way of mortgage. The petitioner further claims that he has discharged the loan. However, the respondent is harassing the petitioner to make further payment on account of the loan in spite of returning the title deeds. The petitioner has caused legal notice on 14.07.2011 and that has not been replied. Hence, this Writ Petition has been filed to forbear the respondent from harassing the petitioner to make further payment towards loan. 5. The averments in the Writ Petition clearly established the case of a contract between the petitioner and the respondent and if https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner is already discharged his liability, the question of harassing the petitioner to pay the amount will not arise. If on the other hand, the petitioner owes certain amount to the respondent, for which the respondent has initiated certain action as per law, the petitioner will have to work out his remedy before the competent Court or forum to resolve the dispute. 6. This Court is not inclined to entertain this Writ Petition under Article 226 of the Constitution of India on vague allegations made in the affidavit with regard to the alleged harassment based on a plea of loan discharge. Disputed questions of fact will not be gone into by this Court. 7. Accordingly, this Writ Petition is dismissed, however granting liberty as above. No costs. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The Secretary, Thiruparankundram Co-operative Primary Agricultural and Rural Development Bank Ltd., Pandyanadu Co-operative Training Complex, G.R.S.T.Road, Thirunagar, Madurai-6. ssl akm/22.08.11 /2p-2c/ W.P(MD)No.8825 of 2011 09.08.2011 https://hcservices.ecourts.gov.in/hcservices/