1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Appeal(MD)No.530 of 2010 and M.P.(MD)No.1 of 2010 1.Tamil Nadu Industrial Investment Corporation Limited, rep.by its Managing Director, 692, Anna Salai, Nandanam, Chennai-35. 2.The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, No.4/35, N.P.S.Complex, (Near New Bus Stand), Tuticorin. : Appellants/ Respondents Vs. Dr.R.Raveenthiranath Nehru : Respondent/ Petitioner PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order of the learned Single Judge, dated 17.08.2010, made in W.P.(MD).No.2018 of 2010. Prayer W.P.(MD).No.2018 of 2010: Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to give 'No due Certificate' for the loan obtained in the name of M/s.Sree Guruji Industries and to return the original sale deeds, registered as documents in 1) Document No.9, dated 25.01.1991, 2) Document No.46 dated 20.01.1968, 3) Dogument No.416 dated 13.05.1971 all registered with the Sub-Registrar Office at Pudur, Thoothukudi District which were deposited as collateral security to the aforesaid loan obtained by the petitioner to the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 For Appellants : Mr.S.Suresh For Respondent : Mr.K.Vamanan JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR,J] This writ appeal is filed against the order of the learned Single Judge, dated 17.08.2010, made in W.P.(MD)No.2018/2010, wherein the learned Single Judge allowed the writ petition filed by the respondent praying for issuance of a direction to the appellants to give "No Due Certificate" for the loan obtained in the name of M/s.Sree Guruji Industries and to return the original sale deeds, bearing Document Nos. (1)Document No.9, dated 25.01.2001, (2)Document No.46, dated 20.01.1968 and (3)Document No.416 dated 13.05.1971, registered with Sub-Registrar Office, Pudur, Thoothukudi District, which were deposited with the appellants as collateral security for the loan obtained. 2.It is the case of the respondent that on the basis of the One Time Settlement Proposal submitted by him, the 2nd appellant herein, by order dated 05.02.2009, informed the respondent that the Corporation wants to make an offer under the present OTS Policy, under which the respondent has to remit Rs.5,10,354/- towards full settlement of the loan availed from the appellants Corporation and accordingly he paid the said amount of Rs.5,10,354/- on 12.03.2009. However, the documents were not returned and No Due Certificate was also not issued by the appellants. Hence, the respondent approached this Court by filing the above writ petition. 3.Taking note of the stand taken by the 2nd appellant that if a sum of Rs.5,10,354/- is paid as full and final settlement, the matter would be closed, which is reflected in the order of the 2nd respondent, dated 05.02.2009, which is also filed in the typed- set of papers at page No.1 and also in view of the fact that the respondent has also paid the said amount as early as on 12.03.2009, we are of the view that the order of the learned Single Judge giving direction to the appellants to issue 'no due certificate' as well as to return the documents, after the respondent returning the cheque for the sum of Rs.5,10,354/-, within a period of ten days is justified. It is also brought to our notice that the amount paid on 12.03.2009 by Demand Draft by the respondent was returned to the 2nd appellant only on 25.04.2010 i.e. after the filing of the writ petition before this Court on 17.02.2010. In the light of the above stated undisputed facts, we are in entire agreement with the decision rendered by the learned Single Judge and no interference is called for. Accordingly, the writ appeal is dismissed. No costs. Connected M.P.(MD)No.1 of 2010 is also dismissed. 4.The learned counsel for the respondent submitted that pursuant to the order of the 2nd appellant, dated 05.02.2009, the https://hcservices.ecourts.gov.in/hcservices/ 3 amount was paid before the 2nd appellant by demand draft and after receiving the demand draft, the 2nd appellant returned the money by way of cheque, dated 28.04.2010, which was also not encashed by the respondent and after the order of the learned Single Judge, the respondent sent back the cheque to the 2nd appellant. Therefore, as on today, the money is with the 2nd appellant. In view of the above, the appellants are directed to issue No Due Certificate and also return the documents, within a period of two weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To: 1.The Managing Director, Tamil Nadu Industrial Investment Corporation Limited, 692, Anna Salai, Nandanam, Chennai-35. 2.The Branch Manager, Tamil Nadu Industrial Investment Corporation Limited, No.4/35, N.P.S.Complex, (Near New Bus Stand), Tuticorin. +1cc to M/s.Aiyar & Dolia, Advocate, Sr.No.5065 +1cc to Mr.K.Vamanan,Advocate, Sr.No. 5086 gb ssk/25.02.2011 /5c -3p/- JUDGMENT MADE IN W.A.(MD).No.530 of 2010 & M.P.(MD)No.1 of 2010 Dated:09.02.2011 https://hcservices.ecourts.gov.in/hcservices/