Allowed

Rajalekshmi v. Kerala State Housing Board and Others

Kerala HC8 Jul 2010WP(C)/10352/2010

Case brief

AI extract

What is this about?

The petitioner sought return of title deeds to a property pledged by her husband for a housing loan to clear debts. The court directed the Housing Board to return the deeds on full repayment and held the husband barred from future objections.

What did the court decide?

Directing respondents to return title deeds on full payment of loan; restraining third respondent from future claims on the same.

Rajalekshmi Vs Kerala State Housing Board and Others — Property and Title | Kerala HC (2010)

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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 S.SIRI JAGAN

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THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932

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WP(C).No. 10352 of 2010(T)

PETITIONER(S):

RAJALEKSHMI, AGED 47 YEARS, D/O.NARAYANAN, UTHARAMPILLIL HOUSE,

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PARAKKAD, ARIMBOOR P.O., THRISSUR DISTRICT.

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BY ADV. SRI.C.A.CHACKO

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SMT.C.M.CHARISMA SRI.N.A.SHAFEEK

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SRI.M.S.UNNIKRISHNAN (OASIS)

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RESPONDENT(S):

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KERALA STATE HOUSING BOARD, REPRESENTED BY ITS EXECUTIVE OFFICER, THRISSUR DIVISION, OLARI, AYYANTHOLE, THRISSUR-3.

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THE EXECUTIVE OFFICER, KERALA STATE HOUSING BOARD, THRISSUR DIVISION, OLARI, AYYANTHOLE, THRISSUR-3.

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KRISHNANKUTTY @ UNNI, S/O.PARUKUTTY AMMA, PARIYADATH HOUSE, OLLUKKARA VILLAGE AND DESOM, THRISSUR TALUK, THRISSUR DISTRICT.

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BY ADV.SRI.A.JAYASANKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PETITIONER'S EXTS:

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EXT.P1:- COPY OF RECEIPT DTD.1.3.2010 EXT.P2:- COPY OF ORDER OF FAMILY COURT THRISSUR DTD.18.3.2002 EXT.P3:- COPY OF ORDER OF FAMILY COURT THRISSUR DTD.22.5.2009 EXT.P4:- COPY OF SALE CERTIFICATE DTD.20.1.2009 EXT.P5:- COPY OF LAND TAX RECEIPT DTD.29.9.2009 EXT.P6:- COPY OF POSSESSION CERTIFICATE DTD.29.10.2009 EXT.P7:- COPY OF OWNERSHIP CERTIFICATE DTD.30.10.2009

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EXT.P8:- COPY OF ENCUMBRANCE CERTIFICATE DTD.29.8.2009

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EXT.P9:- COPY OF BUILDING TAX RECEIPT DTD.8.3.2010 EXT.P10:- COPY OF REPRESENTATION DTD.21.2.2010 EXT.P11:- COPY OF THE POSTAL ACKNOWLEDGEMENT CARD.

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RESPONDENTS EXTS: NIL

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/TRUE COPY/

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P.A.TO JUDGE

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S. SIRI JAGAN, J.

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W.P.(C) No.10352 OF 2010

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Dated this the 8^th day of July, 2010

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J U D G M E N T

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The petitioner's husband, the third respondent herein, availed a housing loan from respondents 1 and 2 after pledging the property in Survey No.282/2 of Parakkad Village comprised of six cents. The third respondent deserted the petitioner and their children and now he is not looking after the petitioner and the children. The petitioner and the children are the owners of the property pledged with respondents 1 and 2 as security for the loan. The petitioner conducted her daughter's marriage by availing various loans from several persons. In order to clear her debts, it is necessary to dispose of the residential property. But the petitioner is unable to do so, since the title deeds of the property are with the Kerala State Housing Board. The petitioner is prepared to pay the balance loan amount due and she, therefore, seeks the following relief:

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“i) issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 and 2 to give back the title deeds of the property of the petitioner comprised in Sy.No.282/2 of

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W.P.(c)No.10352/10

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Parakkad Vilalge, forthwith by accepting the entire outstanding loan amount in loan number LIT 184.

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The learned standing counsel for the Kerala State

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Housing Board submits that they have no objection in returning the title deeds, on payment of the amount due under the loan. But they raise an apprehension that the third respondent may, on a later date, come with a claim for the title deeds since he was the borrower.

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In view of the fact that the third respondent is also involved in the matter and an equitable decision has to be taken, I ordered notice by special messenger to the third respondent. The messenger has filed a report stating that the third respondent has refused to accept the notice. As such, I am inclined to assume that the third respondent has no objection in allowing the writ petition. Accordingly, the writ petition is disposed of with the following directions:

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On payment of the entire amount due under the loan, respondents 1 and 2 shall return the title deeds of the petitioner's property pledged with respondents 1 and 2 to the petitioner. The third respondent would not be entitled to raise

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any objections in respect of the same now or in future.

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W.P.(c)No.10352/10

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Respondents 1 and 2 shall be relieved of any liability in respect of the title deeds, as against the third respondent on their handing over the title deeds to the petitioner, after accepting the full repayment of the amounts due.

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S. SIRI JAGAN, JUDGE

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acd

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W.P.(c)No.10352/10 4

Rajalekshmi v. Kerala State Housing Board and Others

Case brief

What is this about?

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Rajalekshmi v. Kerala State Housing Board and Others

Case brief

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