IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 32297 of 2008(T) -------------------------------------- PETITIONER(S): -------------------- K.V. NEELAKANDA PILLAI, AGED 66 YEARS, S/O. PARAMESWARAN PILLAI, KANJIRAKATTU VEEDU, ERANALLUR P.O., MUVATTUPUZHA, ERNAKULAM DIST. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.S.ANISH RESPONDENT(S): ---------------------- CANARA BANK, KAKKODI BRANCH, KOZHIKODE DISTRICT, PIN-CODE 673 611, REPRESENTED BY THE BRANCH MANAGER. SRI.P.GOPINATHA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 32297 OF 2008 (T) ==================== Dated this the 6th day of January, 2009 J U D G M E N T Heard both sides. 2. Petitioner seeks a declaration that the he is entitled to receive back the title deeds deposited by him in connection with the loan account No.1/1978. He is also praying for a direction to the Bank to furnish him a statement of accounts. 3. Return of the documents is sought on the basis that in terms of a one time settlement scheme, the petitioner has cleared off his liabilities. 4. In the statement that has been filed, Bank has stated that they have not agreed for any compromise or one time settlement and that the averment to that effect in the writ petition is incorrect. It is also stated that money is still due from the petitioner. 5. If that be so, in view of the disputed questions of fact involved, this Court will not be justified in directing the Bank to release the documents of title. WPC 32297/08 :2 : 5. The second prayer in the writ petition is to call upon the Bank to furnish him a statement of accounts. This the Bank shall do, as expeditiously as possible, at any rate within 2 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp