IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 19294 of 2011(J) ----------------------------------- PETITIONER : - ---------------------- THOMAS, S/O.JOSEPH, AGED 53 YEARS, MANIYAMKOTTA HOUSE, ANAPPARA, VILVATTOM VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO RESPONDENTS : - -------------------------- 1. THE JOINT REGISTRAR (CO-OPERATIVE SOCIETIES), THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003. 2. THE TRICHUR URBAN CO-OPERATIVE BANK LTD, PATTAURAKKAL BRANCH, THRISSUR - 680 022, REPRESENTED BY ITS MANAGER. 3. ROBY THOMAS, VRINDAVANAM COMPLEX, PADUKKAD EAST, P.O.VIYYUR, THRISSUR - 680 010. ADV. SRI.C.D.DILEEP FOR R2 GOVT. PLEADER SRI. G. GOPAKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19294 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE TITLE DEED NO. 6527 / 2000 OF SRO., THRISSUR. EXT P2 : COPY OF LAND TAX RECEIPT. EXT P3 : COPY OF THE PASS BOOK ISSUED BY THE 2nd RESPONDENT. EXT P4 : COPY OF THE LAWYER NOTICE DATED 12.04.2011 CAUSED BY THE PETITIONER TO THE 2nd RESPONDENT. EXT P5 : COPY OF REPLY CAUSED BY THE 2nd RESPONDENT. EXT P6 : COPY OF THE REPRESENTATION DATED 10.06.2011 SENT BY THE PETITIONER TO THE 1st RESPONDENT. RESPONDENTS' EXHIBITS: EXT R2 (a) : COPY OF THE CONSENT LETTER OF THE PETITIONER DATED 17.01.2008. TRUE COPY P.A. TO JUDGE DMR/- P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 19294 of 2011 ----------------------------------------------- Dated this the 15th day of November, 2011 JUDGMENT The petitioner is the father of the third respondent. The third respondent a member of the second respondent had availed a loan of Rs.1.50 lakhs from the second respondent bank in the year 2008. The loan was secured by a mortgage of the property described in Ext.P1 sale deed which stands in the name of the petitioner. The petitioner states that since the third respondent was irregular in repaying the loan he was constrained to repay the loan and to close the loan account on 23.3.2011. In this writ petition the petitioner seeks direction to the second respondent to return the original of Ext.P1 title deed and other documents deposited in connection with the loan availed by the third respondent from the second respondent bank. 2. The respondents have been served. The second respondent has filed a counter affidavit, admitting the fact that the loan availed by the third respondent which was secured by a mortgage of the property described in Ext.P1 has been closed. WP(C)No.19294 of 2011 -2- It is stated that in the consent letter given by the petitioner on 17.1.2008 when the mortgage was created by deposit of the title deed, the petitioner had stated that the documents of title may be returned to the debtor on the loan account being closed and that was the reason why the original of the title deed was not returned to the petitioner. It is also stated that to avoid any dispute being raised by the third respondent the petitioner was instructed to produce a consent letter from the third respondent. Though the third respondent has been served he has not entered appearance or raised any objection to the request made by the petitioner for return of the original of Ext.P1 title deed and other documents. 3. It is evident from the pleadings and the materials on record that the loan availed by the third respondent who is none other the petitioner's son has been fully repaid. It is also not in dispute that the original of Ext.P1 document of title was deposited with a view to create a mortgage as security for the loan availed by the third respondent. As the document of title stands in the name of the petitioner and the third respondent has not entered appearance in this writ petition and raised any objection to the reliefs prayed for being granted, I am of the WP(C)No.19294 of 2011 -3- opinion that the documents should be returned to him. I accordingly dispose of the writ petition with a direction to the second respondent to return the original of Ext.P1 sale deed to the petitioner along with other related documents on the petitioner producing a certified copy of this judgment before the General Manager of the second respondent bank. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.