Allowed

Abdul Kappakalayil v. the Housing & Urban Development Corporation

Kerala HC19 Jun 2012WP(C)/9523/2012

Case brief

AI extract

What is this about?

The High Court of Kerala issued a direction to the Housing & Urban Development Corporation to release title deeds deposited as collateral security through the SIDA. The order was made after the petitioners alleged loan clearance, noting HUDCO can still recover dues from SIDA legally.

What did the court decide?

First Respondent to release title deeds through the Second Respondent within one month.

Abdul Kappakalayil Vs the Housing & Urban… — Contract and Commercial Disputes | Kerala HC (2012)

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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 T.R.RAMACHANDRAN NAIR

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TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934

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WP(C).No. 9523 of 2012 (M)

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PETITIONER(S):

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1. ABDUL REHIMAN KAPPAKALAYIL, S/O REHMAN,ERUMELY, KOTTAYAM.

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2. WILSON ANTONY, PALLITHAZHE, S/O ANTONY ERUMEELY, KOTTAYAM.

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3. DANI,

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NAKATHUMKAL PARAMPIL, S/O JOSEPH NAKATHUMKALPARAMPIL HOUSE, KOOVAPALLY, KOTTAYAM.

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4. VARGHESE JOSEPH,

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KUMPAPALLIL, S/O JOSEPH, KANAYANKAVAYAL, KOTTAYAM.

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5. RAJAPPAN, PUTHENPARAMPIL, S/O GOPALAN, ERUMELY, KOTTAYAM.

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6. JOSEPH PULLAPPALLIL, S/O OUSEPH, ERUMELY, KOTTAYAM.

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7. VIJAYAN THADATHIL, S/O KARUNAKARAN, CHIRAKAAVU, KOTTAYAM.

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8. K.R. RAJAPPAN KOICKAL,

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S/O RAMANKUTTY, KOTTICKAL, KOTTAYAM.

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9. ABDUL KAREEM VATTAPARA, S/O ISMAIL, KANJIRAPALLY, KOTTAYAM.

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10. ROSAMMA NANTHIKATTU,

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W/O CHACKO, CHRIKADAVU, KOTTAYAM.

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11. ABRAHAM NELLIYANICKAL,

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S/O MATHEW, MANIMALA, KOTTAYAM.

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12. PARAMESHWARAN NJARACKAL,

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S/O GOPALAN, ERUMELY, KOTTAYAM.

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13. CHELLAPPAN PUTHUPARAMBIL,

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S/O KRISHANA, ERUMELY, KOTTAYAM.

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14. SUBAIDA, KOLLEMPARAMBIL,

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W/O MUHAMMED, KANNIMALA, KOTTAYAM.

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CONT...

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WP(C).No. 9523 of 2012 (M)

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15.	PAUL PARACKAL, S/O ANTONY, KOLLAMULA, KOTTAYAM
16.	VASUDEVAN NAIR CHENNOTHU, S/O KRISHANA NAIR, ERUMELY, KOTTAYAM
17.	RAJAPPAN KOLLOLIL, S/O RAMAKRISHNAN, EDAKKUNAM, KOTTAYAM
18.	RAJAPPAN THURUTHIKATTU, S/O RAGHAVAN, ERUMELY, KOTTAYAM
19.	JOSHY PODIMATTATHIL, S/O JOSEPH, EDAKKUNNAM, KOTTAYAM
20.	SASIDHARAN KALLEPURAYIDAM, S/O DIVIKARAN, KANJIRAPPALLY, KOTTAYAM
21.	MURALIDHARAN MADATHIL, S/O CHANDRAN, POOVARANI, KOTTAYAM
22.	RAJAPPAN THOPPL, S/O KRISHNAN, MUNDAKAYAM, KOTTAYAM
23.	MATHEW VALANTHARA, S/O JOSEPH, CHRIAKADAVU, KOTTAYAM
24.	BOSS CHUNDILAMATTATHIL, S/O SOMAN, ERUMELY, KOTTAYAM
25.	MANI THOZHATHUKUNNEL, S/O MADHAVAN, KOOVAPALLY, KOTTAYAM
26.	AMMINI MALANKOTTACKAL, W/O MADHAVAN, KOOVAPALLY, KOTTAYAM
27.	FRENCHU KANNANKULATH, S/O SCARIA, KANJIRAPALLY, KOTTAYAM
28.	SARAMMA THATTAMAKULAM, W/O JOSHUVA, MUTTAPPALLY, KOTTAYAM
29.	S. RAJESH J.J, NOME, S/O SUBRAMANNIAM, VAKATHANAM, KOTTAYAM
30.	KRISHNANKUTTY OTTUKULATHIL, S/O PADMANABHAN, EDAKUNNAM.
	BY ADV. SMT.JISHAMOL CLEETUS

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WP(C).No. 9523 of 2012 (M)

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RESPONDENT(S):

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1. THE HOUSING & URBAN DEVELOPMENT CORPORATION(HUDCO) 3RD FLOOR, SAPHALYAM COMPLEX, PALAYAM, TRIVANDRUM-34, REP. BY ITS REGIONAL MANAGER.

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2. THE SOCIETY FOR INTEGRAL DEVELOPMENT ACTION(SIDA), REG.NO.K 29/84, KOOVAPALLY P.O.-686 518, KOTTAYAM, REP. BY ITS GENERAL DIRECTOR, SRI.GEORGE THOMAS.

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R1 BY ADV. SRI.K.R.KURUP,SC BY ADV. SRI.C.R.SYAMKUMAR R2 BY SRI.SUNIL JACOB JOSE,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9523 of 2012 (M)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXT.	P1:	COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER
EXT.	P2:	COPY OF THE CERTIFICATE ISSUED TO 2ND PETITIONER
EXT.	P3:	COPY OF THE CERTIFICATE ISSUED TO 3RD PETITIONER
EXT.	P4:	COPY OF THE CERTIFICATE ISSUED TO 4TH PETITIONER
EXT.	P5:	COPY OF THE CERTIFICATE ISSUED TO 5TH PETITIONER
EXT.	P6:	COPY OF THE CERTIFICATE ISSUED TO 6TH PETITIONER
EXT.	P7:	COPY OF THE CERTIFICATE ISSUED TO 7TH PETITIONER
EXT.	P8:	COPY OF THE CERTIFICATE ISSUED TO 8TH PETITIONER
EXT.	P9:	COPY OF THE CERTIFICATE ISSUED TO 9TH PETITIONER
EXT.	P10:	COPY OF THE CERTIFICATE ISSUED TO 10TH PETITIONER
EXT.	P11:	COPY OF THE CERTIFICATE ISSUED TO 11TH PETITIONER
EXT.	P12:	COPY OF THE CERTIFICATE ISSUED TO 12TH PETITIONER
EXT.	P13:	COPY OF THE CERTIFICATE ISSUED TO 13TH PETITIONER
EXT.	P14:	COPY OF THE CERTIFICATE ISSUED TO 14TH PETITIONER
EXT.	P15:	COPY OF THE CERTIFICATE ISSUED TO 15TH PETITIONER
EXT.	P16:	COPY OF THE CERTIFICATE ISSUED TO 16TH PETITIONER

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WP(C).No. 9523 of 2012 (M)

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EXT. P17:	COPY OF THE	CERTIFICATE ISSUED	TO 17TH PETITIONER
EXT. P18:	COPY OF THE	CERTIFICATE ISSUED	TO 18TH PETITIONER
EXT. P19:	COPY OF THE	CERTIFICATE ISSUED	TO 19TH PETITIONER
EXT. P20:	COPY OF THE	CERTIFICATE ISSUED	TO 20TH PETITIONER
EXT. P21:	COPY OF THE	CERTIFICATE ISSUED	TO 21ST PETITIONER
EXT. P22:	COPY OF THE	CERTIFICATE ISSUED	TO 22ND PETITIONER
EXT. P23:	COPY OF THE	CERTIFICATE ISSUED	TO 23RD PETITIONER
EXT. P24:	COPY OF THE	CERTIFICATE ISSUED	TO 24TH PETITIONER
EXT. P25:	COPY OF THE	CERTIFICATE ISSUED	TO 25TH PETITIONER
EXT. P26:	COPY OF THE	CERTIFICATE ISSUED	TO 26TH PETITIONER
EXT. P27:	COPY OF THE	CERTIFICATE ISSUED	TO 27TH PETITIONER
EXT. P28:	COPY OF THE	CERTIFICATE ISSUED	TO 28TH PETITIONER
EXT. P29:	COPY OF THE	CERTIFICATE ISSUED	TO 29TH PETITIONER
EXT. P30:	COPY OF THE	CERTIFICATE ISSUED	TO 30TH PETITIONER
EXT. P31:	COPY OF THE COURT	JUDDGMENT IN WP(C)	NO 29934/08 OF THE	HON'BLE

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C). No.9523/2012-M

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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
 Dated this the 19th day of June, 2012

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J U D G M E N T

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The petitioners have availed of loans from the respondents for construction of two room tiled houses and the title deeds have been deposited as collateral security. The second respondent disbursed the building materials equivalent to the loan amount.

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The writ petition is filed seeking for a direction to the second respondent to release the title deeds and other documents, as the petitioners have cleared the loan.

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Ext.P31 is the Judgment of this Court in an identical matter wherein also directions have been issued by this Court to return the documents through the second respondent.

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Heard the learned counsel for the petitioners and the learned counsel for the first respondent.

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The learned counsel for the petitioners submits that a similar direction can be issued as done in Ext.P31 Judgment. The respondents have not disputed about the clearance of loan by petitioners but the learned counsel for the first respondent submitted that liberty may be given to realise any amount due to the first respondent from the second respondent.

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W.P.(C). No.9523/2012

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-:2:-

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In that view of the matter, the writ petition is disposed of directing the first respondent to release the petitioners the title deeds through the second respondent. The same will be done within a period of one month from the date of receipt of a copy of this Judgment. The direction as above will not prevent the first respondent from realising any amount, if any, due from the second respondent by initiating appropriate recovery proceedings. No costs.

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Sd/-

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(T.R. Ramachandran Nair, Judge.)

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ms

Abdul Kappakalayil v. the Housing & Urban Development Corporation

Case brief

What is this about?

What did the court decide?

Abdul Kappakalayil v. the Housing & Urban Development Corporation

Case brief

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