V. Tamilselvi vs The Manager and The Special Officer, The Sivagangai District Central Co-operative Bank Limited

M. Jaichandren, J.—This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to direct the first Respondent to return the original title deed, deposited by the Petitioner, in respect of the housing loan bearing loan No. HMSL 3, to the Petitioner, within a time frame.

At this stage of the hearing of the writ petition, the learned Counsel appearing on behalf of the Respondents had submitted that the writ petition is not maintainable, as the first Respondent would not come under the definition of ''the State'', under Article 12 of the Constitution of India. He had also submitted that in view of the decision of the Full Bench of this Court, in K. Marappan Vs. The Deputy Registrar of Co-operative Societies and The Special Officer, Vattur Co-operative Agricultural Bank, , the writ petition is liable to be dismissed.

In view of the said submissions made by the learned Counsel appearing on behalf of the Respondents, this Court is of the considered view that the writ petition is not maintainable, as the first Respondent would not come under the definition of ''the State'', under Article 12 of the Constitution of India. Hence, the writ petition is dismissed. No costs. However, it goes without saying that it would be open to the Petitioner, to seek her remedy before the appropriate authority or forum, in the manner known to law.