IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 31416 of 2009(V) -------------------------- PETITIONER(S): --------------- KUNHEERUMMA, W/O.ARATTUTHODIKA SAIDALAVI HAJI,ARATTUTHODIKA HOUSE, VENNIYOOR, THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K RESPONDENT(S): --------------- 1. THE KERALA FINANCIAL CORPORATION, BRANCH OFFICE, CHANDROTH COMPLEX, KANNUR - 1, REPRESENTED BY ITS BRANCH MANAGER. 2. DISTRICT COLLECTOR,KOZHIKODE. 3. THE VILLAGE OFFICER, NELLIKODE, KOZHIKODE DISTRICT. 4. THE SUB REGISTRAR, SUB REGISTRAR OFFICE, CHEVAYOOR, KOZHIKODE DISTRICT. GOVERNMENT PLEADER, SHRI K.RAMESH FOR R2-4 SRI.R.S.KALKURA FOR R-1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31416 of 2009(V) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF NON LIABILITY CERTIFICATE ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE ISSUED BY THE FIRST RESPONDENT. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31416/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of January, 2010 J U D G M E N T The petitioner purchased a landed property to the extent of 18.385 cents in Re-survey No.100/2A of Nellikode amsom desom, Kozhikode Taluk from its owner-Dr.Kunhi Ramakurup K.Premachandran. This property was mortgaged as a collateral security for the loan availed by the Cannanore Roller Flour Mills with the first respondent-Kerala Financial Corporation. 2. There were revenue recovery steps against the Cannanore Roller Mills through the second and third respondents. Pursuant to the same, they repaid the entire loan liability and closed the loan account. K.F.C has returned the original documents of the above property to the owner Dr.Kunhi Ramakurup K.Premachandran. Ext.P1 is the certificate issued by the K.F.C stating that the Corporation has already relinquished the charge over 18.385 cents of the landed property in Re-survey No.100/2A of Nellikode Amsom. 3. The main prayer in the writ petition is for a direction to the first respondent to issue a non-liability certificate in respect of the said property to the second, W.P.(C). No.31416/2009 -:2:- third and fourth respondents so as to register the assignment deed in favour of the petitioner. 4. Heard the learned counsel for the petitioner and the learned Standing Counsel for the first respondent- Corporation. 5. It is admitted in the statement filed by the first respondent that the liability have been cleared and the title deeds have been returned also. In that view of the matter, it is submitted by the learned Standing Counsel that the first respondent has already issued a certificate as per Ext.P1 with regard to the above. 6. The learned counsel for the petitioner submitted that unless such a communication addressed to the fourth respondent is forwarded afresh, it will cause difficulties to him. 7. Therefore, there will be a direction to the first respondent to issue a fresh certificate addressed to the fourth respondent showing the contents of Ext.P1 itself within a period of two weeks from the date of production of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms