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Kanjileri Thitheevi v. Thirur Primary Co-Operative Agricultural and Rural Development Bank

Kerala HC19 Dec 2018WP(C)/28154/2015

Case brief

AI extract

What is this about?

A writ petition by a widow seeking return of title deeds retained by a cooperative bank after her husband's loan was repaid and closed. The court directed the bank to return the documents within two weeks.

What did the court decide?

Respondents 1 and 2 directed to return documents referred to in Ext.P1 to petitioner within two weeks of receiving certified judgment.

Kanjileri Thitheevi Vs Thirur Primary Co-Operative… — Banking and Recovery | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No. 28154 of 2015

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PETITIONER:

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KANJILERI THITHEEVI AGED 40 YEARS W/O.MOIDEENKUTTY, KANJILERI HOUSE, THEYYANGALIL P.O., MALAPPURAM DISTRICT.

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BY ADVS. SRI.T.G.RAJENDRAN SMT.ANN SUSAN GEORGE SRI.T.R.TARIN SRI.V.A.VINOD

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RESPONDENTS:

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1 THIRUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK REP. BY SECRETARY, TIRUR - 680 581.

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2 THE SECRETARY TIRUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK, TIRUR - 680 581.

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3 THE JOINT REGISTRAR (GENERAL) MALAPPURAM - 676 505. BY ADVS. SRI.T.R.HARIKUMAR

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SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.28154 of 2015

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:-2-:

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J U D G M E N T

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The petitioner's husband availed a loan from

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the 1^st respondent Bank by depositing the title deed

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of his property. After the death of the petitioner's husband, there was default in repayment and as such, proceedings were initiated against the petitioner. The petitioner has filed this writ petition under Article 226 of the Constitution of India, contending that despite clearing the entire dues in respect of the loan transaction, the 1^st respondent has not returned the title deed of the property. Ext.P1 is an order dated 17.7.2015 of the 3^rd respondent Joint Registrar, whereby the 1^st respondent has been directed to return the title deed within seven days.

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On 14.12.2018, this Court recorded that W.P.(C)No.25503/2015 filed by the 1^st respondent

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W.P.(C)No.28154 of 2015

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:-3-:

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Bank has already been dismissed as not pressed,

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recording the fact that the borrower in loan account No.394/HN has already paid the entire dues

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and the loan account has also been closed. Thereafter, this writ petition was ordered to be listed today for further consideration.

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Joint Registrar in respect of the loan availed by the petitioner's late husband Moideenkutty, with loan account No.HW 51.

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respondent Bank on instructions would submit that

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along with loan account No.394/HN, which is the

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subject matter in W.P.(C)No.25503/2015, loan

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account No.HW 51 referred to in Ext.P1 has also

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been closed. The learned counsel would also submit

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that the 1^st respondent Bank has no objection in

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W.P.(C)No.28154 of 2015

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:-4-:

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returning the documents offered as security, to the petitioner, in terms of the directions contained in Ext.P1 order.

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In such circumstances, this writ petition is disposed of by directing respondents 1 and 2 to return the documents referred to in Ext.P1 to the petitioner, as expeditiously as possible, at any rate within a period of two weeks from the date of

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receipt of a certified copy of this judgment.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/19.12.18

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W.P.(C)No.28154 of 2015

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:-5-:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 EXT.P-1: A TRUE COPY OF THE ORDER NO.AEL 3465/15/L.DIS DATED 17.7.2015 ISSUED BY THE 3RD RESPONDENT

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EXHIBIT R3(a) TRUE COPY OF THE GEHAN DATED 17.5.2007

Kanjileri Thitheevi v. Thirur Primary Co-Operative Agricultural and Rural Development Bank

Case brief

What is this about?

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Kanjileri Thitheevi v. Thirur Primary Co-Operative Agricultural and Rural Development Bank

Case brief

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