IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 19299 of 2009(F) -------------------------- PETITIONER(S): --------------- K.SANTHAKUMAR, R.R.MODERN RICE MILL, OOTTARA, KOLLENGODE P.O., PALAKKAD - 678506. BY ADV. SRI.P.VIJAYA BHANU SMT.M.M.DEEPA RESPONDENT(S): --------------- 1. INDIAN OVERSEAS BANK, REPRESENTED BY ITS BRANCH MANAGER, 12/835, GB ROAD, PALAKKAD - 678 001. 2. C.K.RADHAMANI, W/O.SANTHAKUMAR, R.R.MODERN RICE MILL, OOTTARA, KOLLENGODE P.O., PALAKKAD - 678 506. ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ----------------------------------------------- WP(C) NO. 19299 OF 2009 ----------------------------------- Dated this the 3rd day of August, 2009 J U D G M E N T The petitioner has approached this Court stating that the entire liability to the respondent Bank has been cleared; despite which the title deeds are stated as not returned to him. There is also a further grievance, to have Ext.P3 considered and disposed of with regard to the claim put forth for refunding the amount stated as collected by the respondent Bank in excess of the actual liability. 2. The first respondent Bank has filed a statement pointing out that, on satisfying the liability by the petitioner, the title deeds have already been returned. It is also stated that, the last instlament of Rs.53,040/- in respect of the loan was cleared by the petitioner only on 04.05.2009 and the documents surrendered with the Bank were given back on the very same day against proper acknowledgment. It is also asserted in the said statement that, the Bank has not collected any amount in excess of the actual liability. In the said circumstance, nothing remains to be considered and adjudicated in this Writ Petition, which hence is disposed of, making clear that, this will not prejudice the rights and liberties of the petitioner to pursue other appropriate remedies, if any grievance still subsists. P.R.RAMACHANDRA MENON JUDGE dnc