Disposed

K.S.Ninan v. the Assistant Registrar of Co-Op.

Kerala HC9 Aug 2007WP(C)/7034/2007

Case brief

AI extract

What is this about?

A writ petitioner whose property title deeds were retained by the first respondent as security for a loan availed from the second respondent. The court disposed of the petition on submission that the petitioner pays a predetermined sum within a week for the release of title deeds.

What did the court decide?

Direction to the respondents to release the petitioner's property title deeds if the petitioner pays Rs.42,661/- within one week.

K.S.Ninan Vs the Assistant Registrar of Co-Op. — Property and Title | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH

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THURSDAY, THE 9TH AUGUST 2007 / 18TH SRAVANA 1929

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WP(C).No. 7034 of 2007(K)

PETITIONER:

K.S.NINAN, AGED 52 YEARS, S/O.K.N.ZACHARIA, KOZHIKUNNATHU HOUSE,

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MANARCADU P.O., KOTTAYAM.

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BY ADV. SRI.M.J.THOMAS

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RESPONDENTS:

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM.

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THE KOTTAYAM CO-OPERATIVE HOUSING SOCIETY LTD.NO.K.348, M.D.C. CENTRE, KOTTAYAM I REPRESENTED BY ITS SECRETARY.

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THE SECRETARY, THE KOTTAYAM CO-OPERATIVE HOUSING SOCIETY LTD.NO.K.348, MDC CENTRE, KOTTAYAM-1.

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BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL

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SRI.MATHEW KORAH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC. 7034/2007.

APPENDIX

PETITIONER'S EXTS:

EXT. P1 : PHOTO COPY OF THE PASS BOOK OF THE ABOVE LOAN ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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EXT. P2 : TRUE COPYOF THE DRAFT FOR RS.42,000/- DRAWN OF THE INDIAN OVERSEAS BANK.

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EXT. P3 : TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE 1ST RESPONDENT ON 27.2.2007.

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EXT. P4 : COPY OF LETTER DT. 15.5.07 FROM SECRETARY, KOTTAYAM COOPERATIVE HOUSING SOCIETY.

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RESPONDENT'S EXTS:

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EXT. R2 : THE TRUE PHOTO COPYOF THE PASS BOOK OF THE ABOVE LOAN ISSUED BY THE 2ND RESPAONDENT TO THE PETITIONER.

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EXT. R2(a) : THE TRUE PHOTO COPIES OF THE REMINDERS REGARDING HIS PENDING INSTALMENTS OF LOAN AND ITS INTEREST, PENAL INTEREST.

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EXT. R2 (b) : THE TRUE PHOTO COPIES OF THE FULL DETAILS OF HIS LOAN ACCOUNT.

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EXT R2(c) : THE TRUE PHOTO COPY OF THE D.D. OF INDIAN OVERSEAS BANK, KATTAPANA RETURNED TO THE PETITIONER.

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EXT. R2 (d) : THE TRUE PHOTO COPY OF THE COVERING LETTER SEND BY THE PETITIONER'S COUNSEL DATED NIL.

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K.M.JOSEPH, J.

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- - - - WP.(C) No.7034 of 2007

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Dated this the 9th day of August, 2007

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JUDGMENT

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Petitioner availed a loan. It was not repaid. Proceedings were initiated against the respondents.

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Heard counsel for the respondents. Learned counsel for the respondents submits that if the petitioner pays a sum of Rs.42,661/within a week from today, the matter can be closed and the title deeds of the petitioner can be released back to the petitioner.

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Accordingly the writ petition is disposed of recording the submission of the learned counsel for the respondents. There will be a direction that if the petitioner pays a sum of Rs.42,661/- within one week from today, the title deeds of the property of the petitioner will be released to the petitioner without any delay.

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(K.M. JOSEPH, JUDGE)

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K.S.Ninan v. the Assistant Registrar of Co-Op.

Case brief

What is this about?

What did the court decide?

K.S.Ninan v. the Assistant Registrar of Co-Op.

Case brief

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