IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 WP(C).No. 13777 of 2009(N) -------------------------- PETITIONERS: --------------- 1. D.SOMASUNDARAN, S/O. LATE E.T.DAMODARAN, AGED 52 YEARS,PUTHAN VEEDU,KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT, NOW RESIDING AT 202, BLDG NO.1,VINAYAK DARSHAN, NALASOPARA (EAST) MAHARASHTRA. 2. D. MURALIDHARAN,S/O.LATE E.T.DAMODARAN, AGED 38 YEARS, PUTHAN VEEDU,KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT, NOW RESIDING AT FLAT NO.301,BLDG.NO. 1A, UTSAV SAMNA, PARIVAR CO-OPERATIVE HOUSING SOCIETY LTD. KHADAK PADA, DINDOSHI GEN AKV MARG, MALAD (E) MUMBAI. 3. D.RADHAKRISHNAN,S/O.LATE E.T.DAMODARAN, RESIDING AT PUTHAN VEEDU,KAVALAPPARA P.O.SHORNOOR, PALAKKAD DIST.NOW RESIDING AT FLAT NO.301,BLDG.NO. 1A,UTSAV SAMNA,PARIVAR CO-OPERATIVE HOSING SOCIETY LTD.KHADAK PADA, DINDOSHI GEN AKV MARG,MALAD (E) MUMBAI. BY ADV. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW RESPONDENTS: ----------------- 1. MANAGER STATE BANK OF INDIA, ONGALLUR, KALLADIPATTA, PALAKKAD. 2. AUTHORISED OFFICER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE PALAKKAD. 3. DEVAKI W/O. LATE DAMODARAN,AGED 67 YEARS PUTHAN VEEDU, KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. WPC : 13777/09 4. KALAVATHI, D/O.LATE DAMODARAN, AGED 48 YEARS,PUTHEN VEEDU,KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. 5. DEVADAS, S/O.LATE DAMODARAN,AGED 46 YEARS,PUTHAN VEEDU, KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. 6. INDIRA DEVI, D/O. LATE DAMODARAN, AGED 44 YEARS, PUTHAN VEEDU,KAVALAPPARA P.O., SHORNOOR, PALAKKAD DISTRICT. 7. NAGARAJAN D., S/O. LATE DAMODARAN, AGED 42 YEARS, PTHAN VEEDU, KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. 8. MANIKANDAN,S/O.LATE DAMODARAN, AGED 67 YEARS, PUTHAN VEEDU,KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. 9. VIJAYAKUMAR S/O.RAMAKRISHNAN, NARANGAPARAMPIL HOUSE, KAVALAPPARA P.O. SHORNOOR, PALAKKAD DISTRICT. 10. RESERVE BANK OF INDIA, REGIONAL OFFICE, KOCHI. R1& R2 BY ADV. SRI.K.K.CHANDRAN PILLAI R3 TO R8 BY SRI.C.K.RAMAKRISHNAN R9 BY ADV. SRI.SANTHEEP ANKARATH SMT.P.JAYALAKSHMI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 13777/09 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE DEATH CERTIFICATE. EXT.P2 COLLECTIVELY : TRUE OCPY OF THE AIR TICKETS EVIDENCING THEIR JOURNEY FROM MUMBAI TO COCHIN ON 12.05.09. EXT.P3 : TRUE COPY OF THE JUDGMENT DATED 19.12.06. EXT.P4 : TRUE COPY OF THE NOTICE ISSUED BY THE BANK TO THE 3RD RESPONDENT. EXT.P5 : TRUE COPY OF THE INVENTORY OF THE ARTICLES IN THE HOUSE PREPARED BY THE BANK AUTHORITY. EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 13.05.09 SUBMITTED BEFORE THE 1ST AND 2ND RESPONDENTS BY THE PETITIONERS. /TRUE COPY/ PA TO JUDGE S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 13777 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2009 JUDGMENT Basheer, J. Since the entire dispute in the writ petition has been amicably settled between the parties, it is not necessary to pass a detailed order. 2. In the statement dated August 20, 2009 filed by the Bank it is averred that an excess amount of Rs.2,80,618/- is available for refund to the petitioners and/or the legal representatives of the deceased mortgagor. Though the Bank had incurred a further expense of Rs.29,023/- in connection with engaging security agents for protection of the property the Bank is prepared to forgo the same. He submits that the Bank is not insisting for adjusting that money from the excess amount available with it. 3. The learned counsel for the petitioners submits that the statement filed by the Bank can be taken on record and that the petitioners have no objection in disbursing the amount indicated therein, viz Rs.2,80,618/- along with interest that has WP(C) No.13777 of 2009 -:2:- accrued thereon to respondent No.3, the mother of the petitioners and respondents 4 to 8. Learned counsel for respondents 4 to 8 has also no objection in this regard. 4. Sri.Thomas Abraham, learned counsel for the petitioners further submits that the petitioners have no objection in handing over possession of the property to respondent No.3. Respondents 4 to 8 have also no objection about this proposal. The submissions made by learned counsel for the parties in this regard are recorded. 5. The statement filed by respondent No.1 dated August 20, 2009 is taken on record. The Writ Petition is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WP(C) No.13777 of 2009 -:3:-