Petitioner filed a writ petition seeking direction for return of title deed deposited with respondents after clearing loan dues. Court issued direction for return within two weeks.
Direction issued to respondents 1 and 5 to return the title deed to the petitioner within two weeks from the date of receipt of a copy of this judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938
WP(C).No. 11154 of 2016 (T)
PETITIONER(S):
MONSE MATHEW,
S/O.MATHEW, THAMARASSERIL HOUSE, KURUKACHAL P.O., KOTTAYAM, PIN-686 540.
BY ADVS.SRI.S.RANJIT (KOTTAYAM)
SRI.GOKUL DAS V.V.H.
RESPONDENT(S):
1. KARUKACHAL RURAL CO-OPERATING HOUSING SOCIETY LTD. NO.123, REPRESENTED BY ITS SECRETARY, KARUKACHAL,
KOTTAYAM, PIN-686 540.
2. SECRETARY, KARUKACHAL CO-OPERATIVE SOCIETY LTD.NO.123, KARUKACHAL, KOTTAYAM, PIN - 686 540.
3. ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
CHANGANACHERRY, PIN-686 101.
4. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM, PIN-686 001.
5. KERALA STATE CO-OPERATIVE HOUSING FEDERATION, REPRESENTED BY ITS SECRETARY/PRESIDENT, KALOOR, KOCHI, PIN-682 017.
R3 & R4 BY GOVERNMENT PLEADER SRI.T.R. RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 11154 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P-2: TRUE COPY OF THE ORDER DATED 08.09.2015 BEARING NUMBER H.M.10013/14 ISSUD BY THE 4TH RESPONDENT.
EXHIBIT P-3: TRUE COPY OF THE LETTER DATED 08.01.2015 SENT TO THE PRESIDENT OF THE 5TH RESPONDENT.
RESPONDENT(S)' EXHIBITS
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
SHAJI P. CHALY, J
W.P.(C)NO.11154 OF 2016
Dated this the 12th day of July, 2016
J U D G M E N T
This writ petition is filed by the petitioner seeking direction to respondents 1 and 2 to immediately return the title deed with respect to the property lying in Re-survey No.115/10-1 in Karukachal Village, Changanacherry Taluk, Kottayam District to the petitioner and for other related reliefs.
Petitioner is the owner of the above specified land. Petitioner has purchased the said property from one Santhosh K.V., who had secured a loan Rs.2,00,000/- (Rupees two lakhs only) from the first respondent bank. The aforesaid property was mortgaged by the said Santhosh K.V., and deposited the title deeds pertaining to the properties specified
W.P.(C)NO.11154 OF 2016 2
above. While so, during the year 2006, petitioner purchased the above property on condition that he will pay the entire dues towards the above loan account of Santhosh K.V. According to the petitioner, petitioner cleared the entire dues towards the loan as early as on 16.06.2014 and accordingly the loan was closed. In spite of closure of the said loan, first respondent has not returned the title deeds pertaining to the above specified property. Thereupon, petitioner submitted several representations, but it did not yield any result. Consequent to which, petitioner has submitted a complaint before the Joint Registrar, Co-Operative Societies(General), Kottayam as per Ext.P2 and the bank was directed to return the document since the loan is closed. However, in spite of the said direction, the deed was not returned. Ext.P3 also reveals that the president of the first respondent bank has also issued a letter to the fifth respondent since the document is deposited there and requested to release the same. In spite of the same, title deed of the petitioner is not
W.P.(C)NO.11154 OF 2016 3
returned. It is in this background this writ petition is filed. Even though notice is served on respondents 1, 2 and 5, there is no appearance.
documents on record, I am satisfied that a direction can be issued to respondents 1 and 5, to return the title deed to the petitioner within two weeks from the date
4
W.P.(C)NO.11154 OF 2016
of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
sd/-
SHAJI P. CHALY, JUDGE
R.AV
2 issues framed by the court
Whether the petitioner is entitled to receive the title deed from the first respondent bank.
Whether directions can be issued regarding the return of the title deed deposited with the fifth respondent.
Monse Mathew
Karukachal Rural Co-Operating Housing Society Ltd. No.123
Secretary, Karukachal Co-Operative Society Ltd. No.123
Assistant Registrar of Co-Operative Societies (General)
Joint Registrar of Co-Operative Societies (General)
Kerala State Co-Operative Housing Federation
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
