Sharafudheen v. The General Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 WP(C).No. 29492 of 2015 (J) ---------------------------- PETITIONER(S):
-------------------------- SHARAFUDHEEN AGED 53 YEARS S/O.SHAHUL HAMEED, 'CHITHIRA', MAVELI NAGAR VAMANAPURAM(P.O), THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S):
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1. THE GENERAL MANAGER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK DISTRICT CO-OPERATIVE BANK OFFICE THIRUVANANTHAPURAM-695 001.
2. THE BRANCH MANAGER THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK VENJARAMOOD BRANCH, VENJARAMOOD(P.O.) THIRUVANANTHAPURAM DISTRICT.695 001.
R1& R2 BY ADV. SRI.T.R.HARIKUMAR, SC, TVM DIST.CO.OP.BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29492 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1COPY OF THE SALE DEED NO.3699 OF VAMANAPURAM S.R.O DATED 13.1.1994.
P2COPY OF THE JUDGMENT DATED 14.1.2011 IN O.S.NO.11/2006 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, NEDUMANGAD. P3COPY OF THE JUDGMENT IN A.S.NO.166/2011 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-III, THIRUVANANTHAPURAM. P4COPY OF THE PETITION SUBMITTED BY PEITITONER TO THE RESPONDENTS DATED 6.3.2015.
P5COPY OF THE ACKNOWLEDGEMENT CARD ADDRESSED TO 1ST RESPONDENT.
P6COPY OF THE ACKNOWLEDGEMENT DUE CARD ADDRESSED TO 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// PA TO JUDGE JV
P.V.ASHA, J.
------------------------------- W.P.(C) No.29492 of 2015 ---------------------------------------------- Dated this the 11th day of December, 2015
JUDGMENT
The grievance of the petitioner is that the 1st respondent Bank is retaining the title deeds with them even after Exts.P2 and P3 judgments, on the ground that the loan is availed after mortgaging of the title deeds. By judgment dated 14.01.2011 in O.S.No.11/2006 the Sub Judge, Nedumangad passed a decree declaring that the equitable mortgage created in respect of the plaint schedule property covered by the title deeds involved in this writ petition is not binding upon the petitioner herein and restraining the Bank by a permanent prohibitory injunction from realization of money due in the account S.No.37/2001-2002. As against that judgment, the Bank filed an appeal as AS No.166/2011 and by Ext.P3 judgment dated 19.02.2014, the appeal was dismissed. Despite the pronouncement of the judgment as ealy as on 19.02.2014, the petitioner complaints that the Bank is retaining the title deeds with them despite his request.
W.P.(C) No.29492/2015 2.
A statement has been filed on behalf of the 1st respondent Bank stating that crime No.684/2005 has already been registered pertaining to the transaction by the Venjarumood Police and the matter was investigated and a refer report was filed before the Judicial First Class Magistrate First Class, Nedumangad and the said matter is pending before the learned Magistrate. According to the Bank, the title deeds in respect of the petitioner's property form crucial part of the evidence and therefore, the title deeds cannot be returned. 3.
I do not find any justification on the part of the Bank in retaining the title deeds of the petitioner on the ground that the title deeds were utilized for availing loan from the 1st respondent Bank on account of forgery committed by somebody for which the petitioner is not found responsible, as can be seen from the Exts.P2 and P3 judgments. Therefore, there is no justification in claiming retention of the title deeds for the purpose the case said to be pending before the Magistrate Court. It is up to the respondent to seek production of the document as and when necessary if required, through court. In such circumstances, there shall be a direction to the 1st respondent Bank to return the title deeds to the petitioner within
W.P.(C) No.29492/2015 a period of one month from the date of receipt of a copy of this judgment.
SD/- P.V. ASHA, JV JUDGE