IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 9356 of 2009(L) ------------------------- PETITIONER(S): --------------- 1. K.SANTHAKUMAR, PROPRIETOR, R.R.MODERN RICE MILL, OOTTARA, KOLLENGODE P.O., PALAKKAD-678 506. 2. C.K.RADHAMANI W/O. K.SANTHAKUMAR, R.R.MODERN RICE MILL, OOTTARA, KOLLENGODE P.O., PALAKKAD-678 506. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. INDIAN OVERSEAS BANK, REPRESENTED BY ITS BRANCH MANAGER, 12/835, G.B.ROAD, PALAKKAD-678 001. 2. THE AUTHORISED OFFICER, INDIAN OVERSEAS BANK, 12/835, G.B.ROAD, PALAKKAD-678 506. ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.9356 OF 2009 ------------------------ Dated this the 31st day of March, 2009. JUDGMENT The prayer sought for in this writ petition is to direct the first respondent Bank to release the documents deposited by the petitioners for availing of loans from the first respondent Bank. The standing counsel appearing for the first respondent makes the fellowing submissions. 2. It is stated that the first petitioner had availed of a loan of Rs.25 lakhs from the respondent Bank for which his wife, the 2nd petitioner, is also a surety and that she has also offered her properties as security. In so far as this loan is concerned it is submitted that it will be liquidated by first of April, 2009, if the loan instalment due is paid. It is stated that if payment is so made, the property offered by the first petitioner as security can be released. This submission is recorded. WP(c).No.9356/09 /2/ In so far as the properties of the 2nd petitioner, the wife is concerned, apart from her being a surety to her husband, the Ist Petitioner, she has availed of a loan and offering her property as security. She has also extended her security for the loan availed of by an establishment. It is stated that unless these two liabilities are cleared, wife cannot ask for release of the property mortgaged by her. In those circumstances, the refusal on the part of the Bank to release the security offered by the 2nd petitioner is liable to be upheld and I do so. Accordingly, the writ petition is disposed of directing that if the loan availed of by the Ist petitioner is liquidated as above, the properties mortgaged by the Ist petitioner as security of his loan, will be released to the first petitioner forthwith. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.9356/09 /2/