IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 7828 of 2009(W) ------------------------- PETITIONER(S): --------------- L.GEETHA KUMARI,KOCHUVEETTIL, VAZHICHAL, OTTASHEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY MANAGING DIRECTOR, TRIVANDRUM. 2. BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD.,VELLARADA, TRIVANDRUM. 3. SPECIAL DEPUTY TAHSILDAR (R.R) K.S.F.E.LTD.,NEYYATTINKARA 695121 ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.7828 OF 2009 ------------------------ Dated this the 2nd day of April, 2009. JUDGMENT Petitioner submits that he has availed of a business loan of Rs.1 lakh from the 2nd respondent and also a chitty loan of Rs.50,000/-. According to the petitioner both these loans were secured by mortgaging his properties comprised in R.S.No.41/2-1 and 41/2-2 of Ottashekharamangalam Village having an extent of 40 cents. It is stated that the petitioner had settled the liabilities under both these loans and requested for releasing the mortgaged property. But however the respondents have not released the same. Reasons according to the petitioner is that he has availed of other loans as well. However, the petitioner submits that the aforesaid properties cannot be made liable for the other loans for the reason that for all those loans separate properties have WP(c).No.7828/09 2 been given as security, apart from individual sureties. It is stated that since those loans are fully secured by the properties given as securities and the sureties offered, the property referred to above should be released. Counsel also placed reliance on the judgment rendered by this court in D. Vijayalakshmi V. The Kerala State Financial Enterprises(ILR 2005(2)Kerala 257). If as stated by the petitioner, the remaining outstanding loans are fully secured, prima facie I do not find any reason for not releasing the properties. In any case, now that the petitioner has raised this issue before the 2nd respondent by filing Ext.P4 representation, I direct the 2nd respondent to consider Ext.P4 and pass orders thereon, in the light of the above observations and the judgment referred to above. Orders shall be passed on Ext.P4 as expeditiously as possible and at any rate within 2 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. WP(c).No.7828/09 3 Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.7828/09 4