IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 28007 of 2010(A) -------------------------- PETITIONER(S): --------------- M.RAMACHANDRAN, S/O.MUTHAYYAN NADAR, AGED 52 YEARS, RAJA VILASOM, KUDAPPANA MOODU, AMBOORI, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR (GENERAL), CO-OP. DEPARTMENT, THIRUVANANTHAPURAM. 3. NEYYATTINKARA AGRICULTURAL RURAL DEVELOPMENT BANK, REP. BY SECRETARY, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.V.G.ARUN FOR R3 SRI.T.R.HARIKUMAR FOR R3 SRI. K.C. SANTHOSH, GOVERNMENT PLEADER - R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) 28007 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2010 J U D G M E N T The petitioner availed a loan for Rs.20,000/- from the 3rd respondent bank on 4.9.1987 by mortgaging the property having an extent of 70 cents. On account of failure on the part of the petitioner to repay the loan amount, the 3rd respondent resorted to appropriate proceedings for realization of the same and that ultimately culminated in confirmation of sale in favour of the 3rd respondent bank itself. In fact, the sale was conducted as early as on 8.7.1996. However, sale certificate is yet to be issued. Long later, this writ petition has been filed by the petitioner seeking issuance of a writ of mandamus commanding the 3rd respondent to waive the debt amount and to return the documents of the mortgaged property. However, when the matter was taken up for consideration, the learned counsel for the petitioner submitted that the petitioner is prepared to close the loan account by paying the amount outstanding as on today together with other incidental charges. The learned counsel appearing for the 3rd respondent submitted that as on 30.6.2010 the amount outstanding was 85713/-. It is further submitted that the 3rd WPC No.28007/2010 2 respondent would return the documents deposited relating the mortgaged property in case, the petitioner discharges the entire liability towards the said loan account including the incidental charges. The learned counsel for the petitioner submits that the petitioner would discharge the liability. In view of the said submissions this writ petition is disposed of with the following direction: The petitioner shall pay the amount outstanding towards the loan account as on 30.6.2010 viz., 85,713/- within one week from today. In the meanwhile, the 3rd respondent shall intimate the petitioner as to the amount required to be paid to finally settle the matter and to close the account. The petitioner shall clear off the entire liability within one week from the date of such intimation. In the event of the petitioner discharging the said liability outstanding on account of the loan amount availed on 4.9.1987, the 3rd respondent shall return the document deposited relating to the mortgaged property within one week from the closing of the loan amount. Disposed of accordingly. Sd/- C.T. RAVIKUMAR, JUDGE jma //true copy// P.A to Judge