Muneera Beevi Vs the Kerala State Financial Enterprises Ltd.

1 THE KERALA STATE FINANCIAL ENTERPRISES LTD CHINNKKADA BRANCH, KSFE BUILDING, GROUND FLOOR, KOLLAM REPRESENTED BY ITS AUTHORIZED OFFICER,, PIN - 691001

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2 THE REGIONAL MANAGER, THE KERALA FINANCIAL ENTERPRISES LTD, REGIONAL OFFICE, KOLLAM RURAL, KRISHNA KRIPA ARCADE, KOTTARAKKARA, KOLLAM, PIN - 691506

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3 STATION HOUSE OFFICER ANCHALUMMOODU POLICE STATION, KOLLAM, PIN - 691601

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4 SPECIAL DEPUTY TAHSILDAR, OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD CHINNAKKADA, KOLLAM, PIN - 691001

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5 NASARUDEEN A, S/O ABDUL HAMEED, NINU NIVAS, VADAKKEVILA, KOLLAM, PIN - 691010

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GP.SRI.PRIJITH P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 13995 OF 2025

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2025:KER:29141

C.S.DIAS, J.

WP(C) No. 13995 OF 2025

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----------------------------------------Dated this the 4^th day of April, 2025

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JUDGMENT

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The writ petition is filed to direct the 1^st respondent to return the original title deeds of the petitioner which was furnished as security towards a chitty.

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The 5^th respondent had joined a chitty with the 1^st respondent Enterprises. The petitioner stood as a guarantor for the 5^th respondent, who had prized the chitty. The petitioner offered her title deeds as security. Subsequently, the 5^th respondent defaulted in repaying the chitty amount. Consequently, the 1^st respondent initiated revenue recovery proceedings against the petitioner. Then, the petitioner paid the entire liability as evidenced by Ext.P3 receipt and Ext.P4 non-liability certificate. Despite clearing the entire liability, the 1^st respondent has refused to return the petitioner's title deeds. The action of the 1^st respondent is arbitrary. Hence, the writ petition.

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WP(C) NO. 13995 OF 2025

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2025:KER:29141 3. Heard; the learned counsel for the petitioner,

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the learned Standing Counsel for the respondents 1 and 2 and the learned Government Pleader for the respondents 3 and 4.

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The learned Standing Counsel for the respondents 1 and 2 submitted that, the petitioner's title deeds were not returned due to pendency of Ext.P1 FIR against the 5^th respondent. However, the 1^st respondent does not dispute the fact that the petitioner has paid the entire liability of the 5^th respondent.

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On a consideration of the facts and the materials on record, particularly that the petitioner has admittedly paid the entire liability to the 1^st respondent, notwithstanding the pendency of Ext.P1 FIR, I am of the definite view that the 1^st respondent is liable to return the title deeds of the petitioner's property.

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In the aforesaid circumstances, I direct the 1^st respondent to release the title deeds of the petitioner's property, which were furnished as security for the chitty prized by the 5^th respondent. The above exercise shall be

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WP(C) NO. 13995 OF 2025

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2025:KER:29141 done within two weeks from the date of production of a copy of this judgment, subject to the condition that the petitioner shall execute a receipt acknowledging the receipt of her title deeds.

Sd/-

C.S.DIAS, JUDGE

rkc/04.04.25

WP(C) NO. 13995 OF 2025

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2025:KER:29141

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APPENDIX OF WP(C) 13995/2025

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE FIR IN CRIME NO. 771 OF 2023 OF ANCHALUMMOODU POLICE STATION DATED 25.07.2023
Exhibit P2	TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT AS RRC NO. 2024/2933/02 DATED 30/08/2024
Exhibit P3	TRUE COPY OF THE PAYMENT RECEIPT TOWARDS THE CHITTY NO. 77/2019/A/1-15 ISSUED BY THE 4TH RESPONDENT DATED 26.03.2025
Exhibit P4	TRUE COPY OF THE NON LIABILITY CERTIFICATE REF NO. SDT/KLM/24117/2024-2025 DATED 26.03.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P5	TRUE COPY OF THE COMMUNICATION REF NO. SDT/KLM/24117/2024-25 REGARDING CLOSURE OF THE RR ACCOUNT, ISSUED BY THE 4TH RESPONDENT TO THE VILLAGE OFFICER, THRIKKARUVA DATED 27.03.205
Exhibit P6	TRUE COPY OF THE GOLD PLEDGE RECEIPT NO. 13018/2024 DATED 26.03.2025
Exhibit P7	TRUE COPY OF THE OPINION REQUEST MADE BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 26.03.2025
Exhibit P8	TRUE COPY OF THE REPRESENTATION DATED 28.03.2025

Muneera Beevi v. the Kerala State Financial Enterprises Ltd.

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Muneera Beevi v. the Kerala State Financial Enterprises Ltd.

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