Thomas Elappunkal v. The Housing & Urban Development Corporation (Hudco)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 ---------------------------- PETITIONERS:-:

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1. THOMAS ELAPPUNKAL, AGED 48 YEARS, S/O.SCARIA, VAZHOOR, KANJIRAPILLY, KOTTAYAM DISTRICT.

2. JOY (JOSEPH) KIZHAKETHAKIDIYIL, S/O.MANI, CHIRAKADAVU, KANJIRAPILLY, KOTTAYAM DISTRICT.

3. OMANAKUTTEN URUMPIL (REGNAKUMARY VALIYIL) S/O.MADHAVAN PILLAI, VIZHIKKITHODU, KANJIRAPILLY KOTTAYAM DISTRICT.

4. THOMAS JOSEPH,PULIYANTHOTTYIL, S/O.JOSEPH, MUNDAKAYAM, KOTTAYAM.

5. K.J.JOSEPH,NELLOLAVEETTIL, S/O.JOHN, ERUMELY, KOTTAYAM.

6. M.P.JOSE, MALAYIL, S/O.PAPPAN, KOOVAPALLY, KOTTAYAM.

7. JOY PLATHOTTATHIL S/O. JOSEPH, KONDOOR, MEENACHIL KOTTAYAM DISTRICT.

8. VARGHESE ANTONY KARIPLACKAL S/O.VARGHESE, KOOVAPALLY, KOTTAYAM.

9. SAJI .G., PUTHUPARAMBIL, S/O.GOVINDAN, MUNDAKAYAM, KOTTAYAM DISTRICT.

10. RAJAPPAN THAZHATHUMANNIL S/O.KARUTHAKUNJU (NARAYANAN), KOOVAPALLY, KOTTAYAM.

11. THRESSIA CHACKO PUKAPURAYIL C/O.JOSEPH CHACKO, EDAKUNNAM, KANJIRAPILLY, KOTTAYAM.

12. ALEXANDER KOODATHINKAL S/O.MATHEW, ERUMELY, KOTTAYAM.

13. ANNAMMA NEDUMKATTIL W/O.JOSEPH, ELANGULAM, KANJIRAPILLY KOTTAYAM DISTRICT.

14. BABY VAZHEPARAMBIL S/O.KUNJUNJU, ERUMELY, KOTTAYAM DISTRICT.

BY ADV. SMT.JISHAMOL CLEETUS RESPONDENTS:-:

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1. THE HOUSING & URBAN DEVELOPMENT CORPORATION (HUDCO) 3RD FLOOR, SAPHALYAM COMPLEX, PALAYAM TRIVANDRUM - 34 REPRESENTED BY ITS REGIONAL MANAGER.

2. THE SOCIETY FOR INTEGRAL DEVELOPMENT ACTION (SIDA) REG NO.K.29/84, KOOVAPPALLY P.O. - 686 518, KOTTAYAM, REPRESENTED BY ITS GENERAL DIRECTOR.

R1 BY ADV. SRI.C.R.SYAMKUMAR R2 BY SRI.SUNIL JACOB JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE CERTIFICATE ISSUED TO 2ND PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE CERTIFICATE ISSUED TO 3RD PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P4:

TRUE COPY OF THE CERTIFICATE ISSUED TO 4TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P5:

TRUE COPY OF THE CERTIFICATE ISSUED TO 5TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P6:

TRUE COPY OF THE CERTIFICATE ISSUED TO 6TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P7:

TRUE COPY OF THE CERTIFICATE ISSUED TO 7TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P8:

TRUE COPY OF THE CERTIFICATE ISSUED TO 8TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P9:

TRUE COPY OF THE CERTIFICATE ISSUED TO 9TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P10: TRUE COPY OF THE CERTIFICATE ISSUED TO 10TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P11:

TRUE COPY OF THE CERTIFICATE ISSUED TO 11TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P12: TRUE COPY OF THE CERTIFICATE ISSUED TO 12TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P13: TRUE COPY OF THE CERTIFICATE ISSUED TO 13TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P14: TRUE COPY OF THE CERTIFICATE ISSUED TO 14TH PETITIONER BY THE 2ND RESPONDENT.

EXHIBIT P15: TRUE COPY OF THE JUDGMENT IN W.P9C)NO.9255/15 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 27387 of 2015 ================== Dated this the 22nd day of September, 2015

J U D G M E N T

The petitioners approached this Court seeking direction to the first respondent to return title deeds. It appears that title deeds have been withheld for the reason that the beneficiary of the loan from the first respondent has a liability with the first respondent. 2.

In fact the issue is covered in favour of the petitioners in the light of the judgment in W.P.(C) No.9255 of 2015. 3.

In the light of the above judgment, there shall be a direction to the first respondent to release the title deeds to the petitioners within one month from the date of receipt of the copy of this judgment.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE

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