IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 15120 of 2008(Y) -------------------------- PETITIONER: ------------ SASI SREEDHARAN, S/O. SREEDHARAN, AGED 39 YEARS, PULIVATHIL HOUSE, CHENNADU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS: ------------- 1. THE HOUSING AND URBAN DEVELOPMENT CORPORATION, 3RD FLOOR, SAPHALYAM COMPLEX,PALAYAM, TRIVANDRUM-34, REPRESENTED BY ITS REGIONAL MANAGER 2. THE SOCIETY FOR INTEGRAL DEVELOPMENT ACTION (SIDA), REG.NO.K.29/84, KOOVAPPALLY P.O., PIN-686 518, KOTTAYAM, REPRESENTED BY ITS GENERAL DIRECTOR, GEORGE THOMAS. 3. THE DIRECTOR OF VIGILANCE INVESTIGATIONS TRIVANDRUM. BY ADV. SRI.SUNIL JACOB JOSE FOR R2 SRI.K.R.KURUP FOR R1 SRI.C.R.SYAMKUMAR FOR R1 GP. SRI.I.V PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2008, ALONG WITH WPC NOS. 7961, 8696 AND 11236 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).Nos.,7961, 8696 ,11236 & 15120 of 2008 = = = = = = = = = = = = = Dated this the 13th day of June, 2008. J U D G M E N T Petitioners in these writ petitions are borrowers of loan amounts from the 2nd respondent, Society. According to them, they have repaid the entire amounts due under the loan account to the 2nd respondent. In spite of the same the 2nd respondent is not releasing the title deeds deposited by the petitioners as security for the loan taken by them from the 2nd respondent, is the grievance of the petitioners in these four petitions. 2. The 2nd respondent, Society does not dispute the fact that the petitioners have already repaid the loan amounts taken by them. Their only contention is that they cannot release the title deeds because the title deeds have been deposited with the 1st respondent from whom the 2nd respondent taken the loan which only has been disbursed to the petitioners. 1st respondent would submit that as per the terms of the agreement between them and the 2nd respondent, they are entitled to retain the title deeds until the 2nd respondent pays off the amounts due. This W.P.(C).Nos.,7961, 8696 ,11236 & 15120 of 2008 2 question was the subject matter of a writ petition namely W.P. (C).No.21157/06. In that writ petition, while allowing a similar claim, a learned Single Judge has even doubted the bona fides of respondents 1 and 2. In that writ petition there was a direction to the respondents 1 and 2 to return the documents of the petitioner in that case. In view of that decision I am satisfied that the petitioner in these writ petitions are also entitled to the same relief. Accordingly, respondents 1 and 2 are directed to release the title deeds of the properties belonging to the petitioners which have been deposited with the 2nd respondent as security for the loan amounts taken by the petitioners from the 2nd respondent. This shall be done within three weeks from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE bkn/-