IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 34020 of 2010(B) -------------------------- PETITIONER: ------------------- 1. DAISY JOHNY, W/O.JOHNY, PALLIPPURAM HOUSE, THOLUR VILLAGE, PARAPPUR DESOM, THRISSUR TALUK, THRISSUR DISTRICT. 2. P.K.JOB, S/O.KOCHAPPU, PONNORE HOUSE, P.O.PUVATHUR, CHAVAKKAD TALUK, THRISSURE DISTRICT. 3. MINI VINCENT, W/O.VINCENT, PONNORE HOUSE THAIKAD P.O., GURUVAYOOR, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT: -------------------- THE CHIEF MANAGER, UNION BANK OF INDIA, 34/2409, M.M.BUILDING, HIGH SCHOOL JUNCTION, EDAPPALLY, KOCHI-24. BY SRI.A.V.THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 34020 of 2010 B ``````````````````````````````````````````````````````` Dated this the 24th day of November, 2010 J U D G M E N T Petitioners submit that for the purpose of availing an overdraft facility for their business concern, M/s.Ponnore Associates, Poovathur, Thrissur, as security, property belonging to late Mary Kochappu consisting of 5.25 cents of land situated in R.S.No.197/10B of Elavally village was mortgaged by the deceased to the respondent Bank. 2. According to the petitioners, though the liability has been discharged fully, when request was made by them for returning the documents concerning the property of late Mary Kochappu, the Bank has refused to comply with their request. It is with this grievance, the writ petition has been filed. 3. Learned Standing Counsel appearing for the respondents, on instructions, submits that since the request was made by persons claiming to be the legal representatives of late Mary Kochappu, who mortgaged the property, the Bank W.P.(C) No.34020/10 : 2 : required production of legal relationship certificate and also an indemnity bond. It is stated that if these documents produced, the bank would certainly have returned the documents. 4. In the aforesaid circumstances, if a legal relationship certificate and an indemnity bond was demanded by the Bank, this Court cannot find fault with such a demand. Therefore, I dispose of this writ petition, directing that if a request is made by all legal representatives of the deceased, along with an indemnity bond and a legal relationship certificate, the bank will consider the request for return of the documents. (ANTONY DOMINIC, JUDGE) aks