IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 14301 of 2011(K) -------------------------- PETITIONER(S): --------------------- ALICE JACOB, W/O. LATE R.T.JACOB, AGED 55 YEARS, RATHAPPILLI HOUSE, THAZHUVAMKUNNU, KALLOORKAD, MUVATTUPUZHA VIA. BY ADV. SRI.RAJU K.MATHEWS RESPONDENT(S): -------------------------- THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KALLOORKAD, MUVATTUPUZHA (VIA). ADDL.R2. JUSTIN JACOB, RATHAPPILLI (H), THAZHUVAMKUNNU P,O, KALLOORKAD, MUVATTUPUZHA VIA 686665. ADDL.R3. JESLINE JACOB, -DO- ADDL.R4. RIYA SHINO, 46, JOURNALIST COLONY, ALTOPORUVARIM, PANAJI, GOA 403521. (ADDL.R2 TO R4 ARE IMPLEADED AS PER ORDER IN IA NO.8408/11 DT 4/7/11) ADV. SRI.SATHISH NINAN, SC, SBT SRI.V.C.JAMES FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14301/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF LETTER NO.AGM/II/EKM DT 4.5.2011 ISSUED BY THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14301 OF 2011 (K) ===================== Dated this the 4th day of July, 2011 J U D G M E N T Petitioner submits that her deceased husband Sri.R.T.Jacob, obtained a gold loan from the respondent Bank as AGL No.67030821571 by pledging about 15 sovereigns of gold ornaments belonging to the petitioner. It is stated that she was also the nominee under the loan. After the death of her husband, on receipt of notice from the Bank stating that the gold was proposed to be auctioned for realisation of the amount due, petitioner cleared the loan by paying the entire amount due to the Bank. The fact that the loan stands closed as on 13/1/2010 is certified by the Bank as per Ext.P1. However, the Bank refused to release the gold ornaments to the petitioner and demanded that all the legal heirs should make a joint application. It is in these circumstances, the writ petition was filed with a prayer to the Bank to release the ornaments to her. 2. Subsequently, by filing IA No.8408/2011, the petitioner's children were also impleaded as additional respondents 2, 3 and 4. Although notice has been served, only WPC No. 14301/11 :2 : respondents 3 and 4 have entered appearance and chosen to file counter affidavit. In the counter affidavit filed by respondents 3 and 4, it is stated thus:- “It is submitted that it is true that our late father had pledged certain gold ornaments belonging to our mother-the petitioner herein with the 3rd respondent. After the death of our father, our mother cleared the loan. But the 1st respondent insisted that all the legal heirs should sign in acknowledgment of receipt of the gold. Since the 2nd respondent, who is my elder brother, is not on good terms with my mother, he did not co-operate. Therefore the gold still remains with the 1st respondent. The 4th respondent and I reiterate that the gold pledged by our father with the 1st respondent belongs to our mother-the petitioner herein. We have no objection in the gold being released to her.” 3. It is the specific averment of the petitioner that the ornaments belong to her and that her son, the 2nd respondent is not on good terms with her, and therefore, he would not co- operate with her for getting the ornaments released. 4. Having regard to the unrebutted assertion of the petitioner regarding the ownership of the gold ornaments and as respondents 3 and 4 have no objection in the matter, taking note of the fact that the 2nd respondent has not chosen to enter appearance or dispute the claims of the petitioner, I dispose of WPC No. 14301/11 :3 : this writ petition directing that, on the production of a copy of this judgment, the Bank will release the gold ornaments pledged by Sri.R.T.Jacob, the deceased husband of the petitioner, as per AGL No.67030821571 to the petitioner. It is made clear that in case the Bank needs any documents executed by the petitioner, it will be open to the Bank to demand execution of such documents. ANTONY DOMINIC, JUDGE Rp