Agricultural loan borrowers sought mandamus to clear arrears under a possession notice after deducting ₹7.12 lakhs paid, and to have their original title deed returned on repayment. The bank stated the payment was already adjusted and ₹1.42 crores remained due. Finding no merit, the court dismissed the writ petition.
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 N.NAGARESH
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 15862 OF 2023
PETITIONERS:
1SUJA SIJU,
AGED 38 YEARS
W/O. SIJU MADHAVAN, ACHIKOOTIL HOUSE,
MULLAPUZHA CHAL, CHANNALLOOR, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT, PIN - 686607
2SIJU MADHAVAN
AGED 44 YEARS
S/O. MADHAVAN, ACHIKOOTIL HOUSE,
MULLAPUZHA CHAL, CHANNALLOOR,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,
PIN - 686607
3MANU MADHAVAN
AGED 42 YEARS
S/O. MADHAVAN, ACHIKOOTIL HOUSE,
MULLAPUZHA CHAL, CHANNALLOOR, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT,
PIN – 686607
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
GENTLE C.D.
BIJOY SAM GEORGE
RESPONDENT:
M/S.STATE BANK OF INDIA,
VAZHAKULAM BRANCH (7844), VAZHAKULAM, MUVATTUPUZHA TALUK,
ERNAKULAM DISTRICT - 686607,
REPRESENTED BY ITS SENIOR MANAGER.,
PIN – 686607
BY ADV M.JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15862 Of 2023 2
JUDGMENT
Dated this the 28th day of May, 2024
The petitioners, who have taken Agricultural Loans
from the State Bank of India, Vazhakkulam Branch, have
approached this Court seeking the following reliefs:-
“(i) Issue a writ of mandamus or any other appropriate writ or order commanding the respondent to permit the petitioners to clear off the loan arrears mentioned in Ext.P2 possession notice by paying the balance amount due to the bank after deducting the payment of Rs.7.12 lakhs effected by the petitioners 1 and 2 as evidenced by Ext.P3 pay in slip.
(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the respondent to return back the original title deed of the secured asset mentioned in Ext.P2 possession notice once the petitioners pay off the amount due towards the loan mentioned in Ext.P2 notice.”
2. It is evident from the pleadings and arguments
that the petitioners have taken different Agricultural Loans.
The petitioners had a gold deposit also. The gold was sold and adjusted against one loan.
closure amount now in respect of all the five Agricultural
WP(C) No.15862 Of 2023 3
Loans would come to more than 1.42 Crores.₹
petitioners and the learned Standing Counsel representing the respondent.
WP(C) No.15862 Of 2023 4
the loan mentioned in Ext.P2 notice.
For all the afore reasons, I find no merit in the writ
petition. The writ petition is therefore dismissed.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.15862 Of 2023 5
APPENDIX OF WP(C) 15862/2023
PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE BASIC TAX RECEIPT
OF THE PROPERTIES OWNED BY THE 3RD
PETITIONER EXTENDING TO 2.71 ARES IN
ENANELLUR VILLAGE IN MUVATTUPUZHA
TALUK
Exhibit P2A TRUE COPY OF THE POSSESSION NOTICE
ISSUED UNDER RULE 8(1) OF THE SARFAESI
RULES ON 23.03.2023 BY THE RESPONDENT
BANK
Exhibit P3A TRUE COPY OF THE PAY IN SLIP DATED
16.03.2023 ISSUED BY THE RESPONDENT
BANK IN THE NAME OF THE PETITIONER
EVIDENCING RECEIPT OF RS.7,12,000/-
TOWARDS THE LOAN MENTIONED IN
EXHIBIT.P2
2 issues framed by the court
Whether petitioners should be permitted to clear loan arrears after deducting the ₹7.12 lakhs already paid.
Whether the bank must return the original title deed once loans are paid off.
1 provisions across 1 enactments
Suja Siju
Siju Madhavan
Manu Madhavan
M/s.State Bank of India, Vazhakulam Branch (7844)
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court