IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 35011 of 2009(V) --------------------------------------- PETITIONER(S): ----------------------- DR.SABU GEORGE, AGED 36, S/O.VATTATHARA GEORGE, NAYARAMBALAM VILLAGE- DESOM, NAYARAMBALAM P.O., KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN MR.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., CO-OPERATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE CHALAKUDY URBAN CO-OPERATIVE BANK LTD. NO.1087, CHALAKUDY P.O., THRISSUR, REP. BY THE ADMINISTRATOR. 4. THE ADMINISTRATOR, THE CHALAKUDY URBAN CO-OPERATIVE BANK LTD.NO.1087, CHALAKUDY P.O., THRISSUR. 5. THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSUR DISTRICT. R1, R2 & R5 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35011 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of December, 2009. JUDGMENT The petitioner states that he is aggrieved by the delay in respondents 3 and 4 returning the documents which he had provided to create collateral security for a loan availed from the third respondent. The fact of the matter is that the whole issue relating to the contract in question, as also different other contracts which were entered into by the third respondent, is subject of a criminal case, Crime No.666/2006 of Chalakudy Police Station. Obviously, therefore, either the petitioner will be an accused in that case or the documents would be required as evidence. It is submitted by the learned Government Pleader that the petitioner himself is an accused in that case. The petitioner's plea is that he having discharged the liability due to WPC35011/09 -: 2 :- the third respondent bank, he is entitled to return of the documents. It is inappropriate for the court to interfere with the matter when the issues are pending in criminal jurisdiction. If the petitioner so desirous, for any particular need, he would well be within his rights to seek appropriate relief in accordance with law from the criminal court. Without prejudice to that, this writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1612