IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38152 of 2008(P) -------------------------- PETITIONER(S): --------------- S.HARISANKAR, S/O. SREENIKETHAN, THATTATHUMALA, KILIMANOOR, THIRUVANANTHAPURAM DIST. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE AUTHORISED OFICER/CHIEF MANAGER, THE STATE BNK OF TRAVANCORE, BEACH ROAD BRANCH, KOLLAM DIST. 2. THE BRANCH MANAGER, THE STATE BANK OF TRAVANCORE, BEACH ROAD BRANCH, KOLLAM DIST. 3. THE ASSISTANT GENERAL MANAGER, REGIONAL -4, STATE BANK OF TRAVANCORE, ZONL OFFICE, SANTHINAGAR, THIRUVANANTHPURAM. BY SC FOR SBT SRI.K.S.DILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38152 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2008 JUDGMENT The petitioner availed a loan from the 2nd respondent. Admittedly, the loan is yet to be repaid. He also states that he seeks the benefit of one time settlement. His contention is that the title deeds deposited by him before the bank should be returned to him on repayment of the loan amount. Normally that is not done. He also contends that there appears to be a case into which the Central Bureau of Investigation(CBI) is investigating. If the CBI or the court where the criminal proceedings are pending in relation to the documents, the bank cannot be compelled to release documents unless those authorities concurrently consider the matter. 2. This is a matter to be dependent upon the investigating agency or the court before which that case is pending. This is not a matter on which this Court to issue any directions. Therefore, if the petitioner pays off the amounts due to the bank and the bank certifies that dues payable to it have been paid, the bank would WPC : 38152/08 -:2:- release the documents, if there is no interdiction from the CBI or the criminal court. If there is any such interdiction, either the bank or the petitioner may move that authority for appropriate orders. Writ Petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb 30/12