IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 16570 of 2011(U) -------------------------- PETITIONER: --------------- P.KRISHNAVEL,HOUSE NO.57,VANIGAR STREET, NEAR KRISHNAN KOIL,NAGERCOIL,KANYAKUMARI DISTRICT, TAMIL NADU STATE,REP. BY HIS POWEF OF ATTORNEY HOLDER,SHIBUDAS H.,S/O.HARIDAS,ELAYAMPARAMBU VEEDU THEKKUMBHAGAM,KADAKKAVOOR P.O.,KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: --------------- 1. THE SECRETARY, THE KILIMANOOR CO-OP. AGRICULTURAL RURAL DEVELOPMENT BANK LIMITED, NO.T.316, KILIMANOOR P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695601. 2. THE BRANCH MANAGER, THE KILIMANOOR CO-OP. AGRICULTURAL RURAL DEVELOPMENT BANK LIMITED, ATTINGAL BRANCH, ATTINGAL, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM-695001. 4. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM-695001. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.N.NARAYANAN NAIR FOR R1 SRI.RAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.PRATHAP PILLAI FOR R1 SRI.I.J.AUGUSTINE FOR R1 SRI.BENOJ C AUGUSTIN FOR R1 SRI.RAFEEK. V.K. FOR R1 SRI.SEBIN THOMAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX TO W.P.C.No.16570 of 2011 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 28/3/2011. EXT.P2: TRUE COPY OF THE POWER OF ATTORNEY DATED 4/4/2011. EXT.P3: TRUE COPY OF THE ADVOCATE NOTICE DATED 26/4/2011. EXT.P4: TRUE COPY OF THE REPLY NOTICE DATED 5/5/2011. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 5.5.2011. EXT.P6: TRUE COPIES OF THE POSTAL RECEIPTS. RESPONDENT'S EXHIBITS: NIL // True Copy// PA to Judge A.M.SHAFFIQUE, J * * * * * * * * * * * * * W.P.C.No.16570 of 2011 ---------------------------------------- Dated this the 14th day of December 2011 J U D G M E N T The petitioner complains that the document of title relating to his property in Sy.No.2871 of Kadakkavoor village is not being returned despite the fact that he has paid off the entire loan amount. The learned counsel for respondents 1 and 2 submits that the petitioner had availed two loans of which one had been repaid and closed and they are willing to return the document of title with respect to the mortgage created for the said loan. It is stated that since the petitioner had given a power of attorney to enable another person to collect the document, the signature of the attorney was varying and therefore the document was not returned. Petitioner submitted that he is ready to collect the document if it is sent by registered post acknowledgment due. 2. In the above circumstances, I hereby direct respondents 1 and 2 to send the document of title relating to the loan which had already been repaid and closed to the petitioner W.P.C.No.16570 of 2011 2 by registered post with acknowledgment due within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. (A.M.SHAFFIQUE, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.16570 of 2011 3 W.P.C.No.16570 of 2011 4 THOMAS.P.JOSEPH,J. Crl.M.C.No. of 200 ORDER 19/01/2011