IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 27909 of 2010(K) -------------------------- PETITIONER(S): --------------- M.MANOJ KUMAR, SREE VIHAR, S.A.ROAD, OPP.WELCARE HOSPITAL, VYTILLA, COHIN- 682 019. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENT(S): --------------- 1. BANK OF INDIA, REPRESENTED BY ITS ZONAL MANAGER, ZONAL OFFICE-KERALA ZONE, KALOOR TOWERS, KALOOR- KADAVANTHARA ROAD, COCHIN-17. 2. THE BRANCH MANAGER, BANK OF INDIA, EZHILKKARA BRANCH, EZHIKKARA P.O., ERNAKULAM-683513. 3. THE SUPERINTENDENT OF POLICE, CBI/ACB, COCHIN-18. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.27909 OF 2010(K) -------------------------------------------------- Dated this the 23rd day of September, 2010 J U D G M E N T Petitioner submits that he had availed of three cash credit loans from the respondent Bank, mortgaging the property having an extent of 6.020 cents in Sy. Nos.858/2, 860 and 861 of Poonithura Village. Petitioner states that he has discharged the entire liability due to the Bank. He submits that thereupon, when he sought release of the documents of title mortgaged by him, the 2nd respondent refused to release the documents on the ground that the documents are in the custody of the 3rd respondent. On enquiry with the 3rd respondent, petitioner was informed that the document is not in the 3rd respondent's possession. It was at that stage the writ petition is filed. 2. Today, the standing counsel appearing for the 3rd respondent reiterates their case that the documents are not in their custody. If that be so, the documents can only be in the custody of the 2nd respondent with whom the documents were deposited by the petitioner. Therefore, 2nd respondent has to release the documents. WPC.No. /27909/2010 :2 : Therefore the writ petition is disposed of directing the 2nd respondent to release the documents of title deposited by the petitioner as expeditiously as possible and at any rate within 2 weeks from the date of production of a copy of the judgment (ANTONY DOMINIC) JUDGE vi/