IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 32318 of 2008(V) --------------------------------------- PETITIONERS: --------------------- 1. BALAN, S/O.THOTTIPALIL RAMANKUTTY, OORAKAM, THRISSUR DISTRICT. 2. MRS.DALY, W/O.VALLACHIRAKKARAN VAREED, POOCHUNNIPADAM, THRISSUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN, ADV. SMT.A.R.PRAVITHA. RESPONDENTS: ----------------------- 1. CHERPU SERVICE CO-OPERATIVE BANK LTD, NO.3540, CHERPU.P.O, THRISSUR DISTRICT-REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR BOARD OF CHERPU SERVICE CO-OPERATIVE BANK LTD, CHERPU, THRISSUR DISTRIT - REPRESENTED BY ITS PRESIDENT. 3. RAFI, S/O.KATTOOKKARAN PORINJU, KATTOOKARAN HOUSE, VALLACHIRA.P.O,THIRUVULLAKKAVU EAST NADA, THRISSUR DISTRICT. 4. THE SUB REGISTRAR, CHERPU THRISSUR DISTRICT. R4 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R1 & R2 BY ADV. SRI.P.RAMAKRISHNAN, ADV. SRI.PRATAP ABRAHAM VARGHESE, ADV. SMT.ASHA K.SHENOY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32318 of 2008-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of November, 2008. JUDGMENT Respondents 1 and 2 through their learned counsel state that if the petitioners approach the bank and on appearance, if it is found that the entire loan has been discharged and there is no continuing encumbrance enabling the bank to further detain the documents, the documents would be released. This is recorded and it is ordered that it would be so done within four weeks of the petitioners appearing before the bank. If the bank refuses to release the documents, the petitioners will be given a written intimation showing reasons and also any amount that is outstanding from the petitioners. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/251108