Allowed

Ambili a.S., v. the State of Kerala

Kerala HC20 Sept 2023WP(C)/4466/2021

Case brief

AI extract

What is this about?

This writ petition directs the fourth respondent to return the petitioner's title documents within two months which were deposited for an equitable mortgage but are now missing from their custody, or provide authenticated certified copies.

What did the court decide?

Direction to the fourth respondent to release the petitioner's title documents within two months or provide authenticated certified copies with endorsements.

Ambili a.S., Vs the State of Kerala — Property and Title | Kerala HC (2023)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 20^TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945

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WP(C) NO. 4466 OF 2021

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PETITIONER:

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AMBILI A.S., AGED 56 YEARS, W/O SHYAMALAN, ROHINI, AKNRA-D32, 9/327, AYYAPPANKAVU NAGAR, KILIMANOOR, THIRUVANANTHAPURAM.

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BY ADVS. GEORGE SEBASTIAN SRI.K.RAJENDRAN CHETTIAR

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCTION, THIRUVANANTHAPURAM, PIN-695001.

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3 THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) KERALA, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A AND E) KERALA, THIRUVANANTHAPURAM, PIN-695036.

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4 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, PIN-695001.

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5 THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, KILIMANOOR, THIRUVANANTHAPURAM, PIN-695601.

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SRI. SUNIL K.KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4466 OF 2021

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JUDGMENT

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The petitioner, through her learned counsel Sri.George Sebastian, asserts that the title documents of her property - which had been deposited by him with the respondents to create an equitable mortgage over the property covered by it - are now liable to be returned to her because the said mortgage is now not subsisting and that this has been affirmed by the third respondent - Principal Accountant General of Kerala. He says that, however, in spite of this, the fourth respondent - Deputy Director of Education, is refusing to release the documents and hence that she has been constrained to approach this Court through this writ petition.

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Sri.Sunil Kumar Kuriakose - learned Government Pleader, affirmed that the third respondent has already authorised the return of the title documents of the petitioner, as per Ext.R4(a) letter; but that, in spite of best efforts, the fourth respondent has been unable to trace the said documents or release it to the petitioner. He submitted that the matter had been informed to the Director of General Education by the said Authority, through Ext.R4(b); and prayed that this Court grant some more time to trace the title

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WP(C) NO. 4466 OF 2021

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documents and release it to the petitioner.

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I must say that this is a very sad state of affairs because, when the petitioner handed over his title documents for the purpose of executing an equitable mortgage in favour of the educational Authorities, it was incumbent upon them to have preserved it appropriately; and if they now say that they are missing, then the fault lies on their doorsteps fully. It is, therefore, their binding duty to trace the documents and release them to the petitioner, without any avoidable delay; for which purpose, I deem it appropriate to grant not more than two months.

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In the afore circumstances, I allow this writ petition and direct the fourth respondent, or such other competent Authority, to ensure that the title documents of the petitioner are released to her within a period of two months from the date of receipt of a copy of this judgment; or in the alternative, to ensure that they make available authenticated certified copies of the same, with adequate endorsements thereon, as per law.

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Needless to say, once the title documents are so released, the Authorities will also issue a letter to the petitioner saying that no further mortgage or liability exists; and that they have

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WP(C) NO. 4466 OF 2021

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no claim over the property in question in future. On such a letter being issued by the competent authority, the petitioner can present it before the Sub Registrar, who will thereupon remove the endorsement of encumbrance over the property in question, without having to await any further orders from any other Authority.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

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WP(C) NO. 4466 OF 2021

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APPENDIX OF WP(C) 4466/2021

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PETITION EXHIBIT	ER EX P1	HIBITS A TRUE COPY OF THE REGISTERED RELEASE DEED DATED 03.03.2003.
EXHIBIT	P2	A TRUE COPY OF THE COMMUNICATION DATED 28/05/2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT	P3	A TRUE COPY OF THE COMMUNICATION DATED 14.08.2020 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT	P4	A TRUE COPY OF THE CERTIFICATE OF ENCUMBRANCE DATED 15.12.2020 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT	P5	A TRUE COPY OF THE LAWYER NOTICE DATED 22.12.2020 ISSUED ON BEHALF OF THE PETITIONER.
EXHIBIT	P6	A TRUE COPY OF THE COMMUNICATION DATED 06.02.2021 ALONG WITH THE REPORT OF THE 4TH RESPONDENT.
EXHIBIT	P7	A TRUE COPY OF THE APPLICATION DATED 12.11.2020 SUBMITTED BY THE PETITIONER.
EXHIBIT	P8	A TRUE COPY OF THE REPLY DATED 09.12.2020 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
Exhibit	P9	A TRUE COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION TO THE PRINCIPAL SECRETARY, FINANCE DATED 18.01.2002
Exhibit	P10	A TRUE COPY OF THE PROCEEDINGS OF THE SENIOR ADMINISTRATIVE OFFICER, OF THE DIRECTORATE OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM DATED 08.07.2002
Exhibit	P11	A TRUE COPY OF THE COMMUNICATION DATED

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WP(C) NO. 4466 OF 2021

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21.02.2003 ISSUED BY THE 4TH RESPONDENT

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Exhibit P12 A TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA FINANCIAL CODE

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RESPONDENT EXHIBITS

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Exhibit R4(a) TRUE COPY OF THE LETTER NO.LA 04/HBA/III/GED 71743/116 DATED 18.06.2020

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Exhibit R4(b) TRUE COPY OF THE LETTER NO.D5/10560/20 DATED 17.08.2020

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Exhibit R4(c) TRUE COPY OF THE OFFICE ORDER NO.18/09 DATED 12.08.2009

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Exhibit R4(d) TRUE COPY OF THE RELEVANT PAGE OF THE SECURITY DOCUMENT REGISTER.

Ambili a.S., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Ambili a.S., v. the State of Kerala

Case brief

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