IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 30976 of 2011(V) ---------------------------------- PETITIONER(S): -------------------- 1. T.M.PRABHAKARAN, S/O.MADHAVAN, ALIPARAMBIL, KANJIRAPALLY, KOTTAYAM. 2. GEETHAMANI, W/O.SABU, ATHUMPUMKEL, POONJAR, KOTTAYAM DISTRICT. 3. JOSEPH, S/O.MATHEW, MULACKAL, BHARANANGANAM, KOTTAYAM DISTRICT. 4. K.K.VIJAYAN, S/O.KRISHNAN, MANGATTU, KOOVAPPALLY, KOTTAYAM DISTRICT. 5. BABU,S/O.JOHN, KITTENPARAMBIL, ERUMELY,KOTTAYAM DISTRICT. 6. DEVASIA, S/O.JOSEPH, MUNDAKAYAM, KOTTAYAM. 7. VIJAYANMMA, S/O.VIJAYAN, VALIYAMACKAL, KOOVAPALLY,KOTTAYAM DISTRICT. 8. JAMEEL, W/O.SYED, ETTUVEETTIL, ERUMELY, KOTTAYAM DISTRICT. 9. P.R.SASIDHARAN, S/O.RAGHAVAN, PUTHEREDATHU,CHIRAKADAVU,KOTTAYAM. 10. SURENDRAN, S/O.SIVARAMAN, NELAVUPARAMBIL, ERUMELY, KOTTAYAM DISTRICT. 11. ABRAHAM, S/O.CHANDY,PERUNNEPARAMBIL HOUSE, MANIMALA, KOTTAYAM DISTRICT. 12. ASHRAF, S/O.ABDULSALAM,KALLUMKOOTTATHIL, MUNDAKAYAM, KOTTAYAM DISTRICT. 13. SURESH, S/O.PARAMESWASHRAN, NJARACKAL, ERUMELY,KOTTAYAM DISTRICT. Svs ..........2/-.... ...2... WPC.NO.30976/2011 14. V.A.NOUSHAD, S/O.ABUBACKER,VANIYAMPARAM, MUNDAKAYAM, KOTTAYAM DISTRICT. 15. UMAIBA,W/O.ALI, PADICKAMANGATTU, KOOVAPALLY,KOTTAYAM DISTRICT. 16. M.M.THOMAS, S/O.MATHAI, MULLANICKAL, PEERMADU,KOTTAYAM DISTRICT. 17. MATHAI, S/O.MATHAI, MULLUVENGAPURATHU, POOVARANY,KOTTAYAM DISTRICT. 18. PETER, S/O.VARKEY, KUTTUPLACKAL, ERUMELY,KOTTAYAM DISTRICT. 19. MARY (ACHAMMA), W/O.GEORGE, PUTHUKATTIL, KOOVAPPALLY,KOTTAYAM DISTRICT. 20. RAJAPPAN, S/O.SREEDHARAN,THAZEHATHUMANNIL, KOOVAPALLY, KOTTAYAM DISTRICT. 21. BASHEER, S/O.MUHAMMED,KUNJAMPARAMBIL, EDAKUNNAM,KOTTAYAM DISTRICT. 22. JOSEPH, S/O.GEORGE,MOOKANOLIL, ERUMELY,KOTTAYAM DISTRICT. 23. ACHUTHAN, S/O.NARAYANAN, KALLOLICKAL, ERUMELY,KOTTAYAM DISTRICT. 24. AYOOB, S/O.KHAN, THOOKKANAMALAYIL, KANGAZHA, KOTTAYAM. 25. KHANKUTTY, S/O.PAREED, KALLOLIPARAMBIL, KOOVAPALLY, KOTTAYAM DISTRICT. 26. PHILOMINA, W/O.ANTONY,THEKKEVILAYIL, MUNDAKAYAM, KOTTAYAM. 27. BHASKARAN, S/O.NARAYANAN, PULIPARAYIL, KOOVAPALLY, KOTTAYAM DISTRICT. 28. JOSEPH, S/O.THOMAS, THOTTATHIL, KANJIRAPALLY, KOTTAYAM. 29. SASI, S/O.SIVARAMAN, KOCHUPURACKAL, KOOVAPALLY, KOTTAYAM. 30. ADIMA MUHAMMED KANNU, S/O.MUHAMMED, PUTHUPARAMBIL, MUNDAKAYAM, KOTTAYAM DISTRICT. svs ...........3/-.... ...3... WPC. NO.30976/2011 31. SOMAN, S/O.KUTTAPPAN, KOCHUPURAYIL, ERUMELY, KOTTAYAM. 32. NICHOLAS, SUHURUTH, S/O.THOMAS, KURISHUKUNNEL, EDAKKUNAM,KOTTAYAM DISTRICT. 33. K.G.AUGUSTINE, S/O.PHILIP,KARIYIL,EDAKUNNAM, KOTTAYAM. 34. RAJAPPAN, S/O.KUMARAN, THOPPIL,MUNDAKAYAM, KOTTAYAM. 35. SASIKUMAR, S/O.GOPALAN, KKARACKATTU, EDAKUNNAM, KOTTAYAM. 36. KUNJUMON, S/O.APREN, CHERUMALA,KOOVAPALLY, KOTTAYAM. 37. JANAKI, W/O.VASU, VALAKATHIL, ERUMELY,KOTTAYAM DISTRICT. 38. VARGHESE, S/O.JOSEPH, KALLUMPURATHU, EDAKUNNAM, KOTTAYAM DISTRICT. 39. SUNIL, S/O.ISAC, PUTHENPARAMBIL, PERUNILAM,KOTTAYAM DISTRICT. 40. SANTHAMMA, W/O.PODIYAN, KALATHIL, KOLLAMALA,KOTTAYAM DISTRICT. BY ADV. SMT.JISHAMOL CLEETUS RESPONDENT(S): -------------------- 1. THE HOUSING URBAN DEVELOPMENT CORPORATION (HUDCO), 3RD FLOOR, SAPHALYAM COMPLEX, PALAYAM, TRIVANDRUM-34, REPRESENTED BY ITS REGIONAL MANAGER. 2. THE SOCIETY FOR INTEGRAL DEVELOPMENT ACTION (SIDA), REG.NO.K.29/84, KOOVAPALLY P.O., KOTTAYAM-686 518, REPRESENTED BY ITS GENERAL DIRECTOR SRI.GEORGE THOMAS. R1 BY ADVS. SRI.K.R.KURUP, SC. SRI.C.R.SYAMKUMAR R2 BY ADV. SRI. SUNIL JACOB JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2011, ALONG WITH WPC NO. 31354 OF 2011 WPC NO. 31355 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30976/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE ISSUED TO 1ST PETITIONER. P2: COPY OF THE CERTIFICATE ISSUED TO 2ND PETITIONER. P3: COPY OF THE CERTIFICATE ISSUED TO 3RD PETITIONER. P4: COPY OF THE CERTIFICATE ISSUED TO 4TH PETITIONER. P5: COPY OF THE CERTIFICATE ISSUED TO 5TH PETITIONER. P6: COPY OF THE CERTIFICATE ISSUED TO 6TH PETITIONER. P7: COPY OF THE CERTIFICATE ISSUED TO 7TH PETITIONER. P8: COPY OF THE CERTIFICATE ISSUED TO 8TH PETITIONER. P9: COPY OF THE CERTIFICATE ISSUED TO 9TH PETITIONER. P10: COPY OF THE CERTIFICATE ISSUED TO 10TH PETITIONER. P11: COPY OF THE CERTIFICATE ISSUED TO 11TH PETITIONER. P12: COPY OF THE CERTIFICATE ISSUED TO 12TH PETITIONER. P13: COPY OF THE CERTIFICATE ISSUED TO 13TH PETITIONER. P14: COPY OF THE CERTIFICATE ISSUED TO 14TH PETITIONER. P15: COPY OF THE CERTIFICATE ISSUED TO 15TH PETITIONER. P16: COPY OF THE CERTIFICATE ISSUED TO 16TH PETITIONER. P17: COPY OF THE CERTIFICATE ISSUED TO 17TH PETITIONER. P18: COPY OF THE CERTIFICATE ISSUED TO 18TH PETITIONER. P19: COPY OF THE CERTIFICATE ISSUED TO 19TH PETITIONER. P20: COPY OF THE CERTIFICATE ISSUED TO 20TH PETITIONER. P21: COPY OF THE CERTIFICATE ISSUED TO 21ST PETITIONER. P22: COPY OF THE CERTIFICATE ISSUED TO 22ND PETITIONER. svs ................2/-.... ...2... WPC.NO.30976/2011 P23: COPY OF THE CERTIFICATE ISSUED TO 23RD PETITIONER. P24: COPY OF THE CERTIFICATE ISSUED TO 24TH PETITIONER. P25: COPY OF THE CERTIFICATE ISSUED TO 25TH PETITIONER. P26: COPY OF THE CERTIFICATE ISSUED TO 26TH PETITIONER. P27: COPY OF THE CERTIFICATE ISSUED TO 27TH PETITIONER. P28: COPY OF THE CERTIFICATE ISSUED TO 28TH PETITIONER. P29: COPY OF THE CERTIFICATE ISSUED TO 29TH PETITIONER. P30: COPY OF THE CERTIFICATE ISSUED TO 30TH PETITIONER. P31: COPY OF THE CERTIFICATE ISSUED TO 31ST PETITIONER. P32: COPY OF THE CERTIFICATE ISSUED TO 32ND PETITIONER. P33: COPY OF THE CERTIFICATE ISSUED TO 33RD PETITIONER. P34: COPY OF THE CERTIFICATE ISSUED TO 34TH PETITIONER. P35: COPY OF THE CERTIFICATE ISSUED TO 35TH PETITIONER. P36: COPY OF THE CERTIFICATE ISSUED TO 36TH PETITIONER. P37: COPY OF THE CERTIFICATE ISSUED TO 37TH PETITIONER. P38: COPY OF THE CERTIFICATE ISSUED TO 38TH PETITIONER. P39: COPY OF THE CERTIFICATE ISSUED TO 39TH PETITIONER. P40: COPY OF THE CERTIFICATE ISSUED TO 40TH PETITIONER. P41: COPY OF THE JUDGMENT IN WPC NO.29934/08 OF THE HONOURABLE HIGH COURT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) Nos. 30976, 31354 & 31355 OF 2011 ----------------------------------------------------- Dated this the 8th day of December, 2011 J U D G M E N T The issues raised in these writ petitions are common and therefore these cases were heard together and are disposed of by this common judgment. 2. Petitioners in these cases had availed of housing loan from the 2nd respondent, Society. Towards security for the loans availed of, they had deposited their title deeds with the Society. 3. According to the petitioners, they have discharged their entire liability due to the Society which fact is not disputed by the counsel appearing for the Society also. The grievance in these writ petitions is that despite such discharge of liability, the documents of title deposited by them have not been returned by the 2nd respondent, Society. 4. The stand taken by the 2nd society is that they W.P.(C) No. 30976, 31354 & 31355 OF 2011 :2 : have deposited the title deeds with the first respondent, HUDCO, from which, the 2nd respondent has availed of financial assistance. The first respondent, HUDCO, submits that the 2nd respondent has committed default and it is therefore that the documents deposited by the 2nd respondent has not been released to the 2nd respondent. 5. Issues similar to these came up for consideration before this court initially in WPC 21157 of 2006 and by judgment dated 15th November, 2007 the writ petition was disposed of holding that once the liability of the petitioners therein to the 2nd respondent is discharged, documents deposited are liable to be returned. On that basis the first respondent was directed to return the documents to the respective petitioners through the 2nd respondent, Society. Following that judgment several cases including WPC 29934/08, judgment of which is produced as Ext.P41 W.P.(C) No. 30976, 31354 & 31355 OF 2011 :3 : herein, also was disposed of. 6. In the light of these judgments, the petitioners herein are entitled to succeed. Therefore these writ petitions are disposed of directing that on the production of a copy of this judgment, the documents of title deposited before the 2nd respondent which are now deposited by the 2nd respondent with the first respondent shall be returned by the first respondent to the respective petitioners through the 2nd respondent, Society. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge