IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 4524 of 2008(L) ------------------------------------- PETITIONERS: --------------------- 1. ELSY GEORGE, AGED 59 YEARS, W/O. JOSEPH VARKEY, KOCHUMUTTAM, ENNENELLORE, MULLAPUZHACKAL P.O., MUVATTUPUZHA. 2. MANAKSHA, S/O. JOSEPH VARKEY, KOCHUMUTTOM, ENANELLORE, MULLAPUZHACKAL P.O., MUVATTUPUZHA. BY ADV. SMT.P.A.ANITHA. RESPONDENTS: ------------------------ 1. ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, MUVATTUPUZHA. *2. MUVATTUPUZHA KOTHAMANGALAM PRIMARY LAND MORTGAGE BANK LTD., MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY. *(CORRECTED). *R2 IS CORRECTED AS; *THE MUVATTUPUZHA KOTHAMANGALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO. 4389, REPRESENTED BY ITS SECRETARY. *R2 CORRECTED AS PER ORDER DTD. 08/08/08 IN I.A. 10421/08. R1 BY GOVT. PLEADER MR. K.S. MOHAMMED HASHIM, R2 BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4524/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RECEIPT ISSUED BY THE R.2. ON 28/12/2007. EXT.P.2: COPY OF THE JUDGMENT DTD. 07/11/2007 IN W.P.(C).NO.4772/2006 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE COMMUNICATION DTD. 22/11/2007 ISSUED BY THE R.2. EXT.P.4: COPY OF THE COMPLAINT DTD. 18/12/2007 FILED BY THE P.1. BEFORE THE R.1. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE CIRCULAR NO. 59/2006 DTD. 30/11/06 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. EXT.R2.B: COPY OF THE OTS APPLICATION SUBMITTED BY THE P.1. BEFORE THE R.2. ON 21/03/07. EXT.R2.C: COPY OF THE CALCULATION STATEMENT AS PER OTS REGARDING REPAYMENT OF INSTALLMENTS SUBMITTED BY THE P.1. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC,J. --------------------- W.P.(C).No.4524 OF 2008 ------------------------ Dated this the 13th day of July, 2009. JUDGMENT The first petitioner and her husband had availed of 3 loans from the 2nd respondent, mortgaging 2.7. acres of land as security. Default was committed resulting in recovery proceedings. It would appear that after a round of litigation, the first petitioner and her husband were given the benefit of One Time Settlement Scheme and they were also allowed to discharge the debt in installments. According to the petitioners the entire liability has been discharged and it is contended that the amount realized by the Bank is much in excess of what is actually payable. 2. On the other hand, Bank made reference to clause 9 of Ext.R2(a). Bank also relies on Ext.R2(b). On this, they seek to justify the amount realised. However, in my view, this is not a controversy which can be resolved in a WP(c)No.4524/08 2 proceedings under Article 226 and if at all the petitioner has any monetary claim against the respondents, it is for them to pursue the matter under Section 69 of the Act. 3. However, petitioner has a further grievance that despite having discharged the liabilities, the document of title which they deposited with the Bank, have not been released. The Bank justifies this action by contending that the petitioners have not paid the interest on the defaulted installments. It is also the claim of the Bank that the petitioners should bear legal expenses incurred by the Bank. However, it is to be noted that the payments were made by the petitioners pursuant to Ext. P2 judgment and that judgment did not allow either of these claims. If that be so, the reason stated by the Bank for refusing to release the documents of title cannot be sustained. Accordingly, the writ petition is disposed of as follows; i. It will be open to the petitioners to urge their monetary claim in appropriate proceedings under Section 69 of the Co- WP(c)No.4524/08 3 operative Societies Act. ii. On the production of a copy of the judgment, the 2nd respondent shall release the documents of title deposited by 1st petitioner and her husband for availing of loans. (ANTONY DOMINIC) JUDGE vi/