IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 5302 of 2010(K) ------------------------------------- PETITIONER: ------------------- GOPAKUMAR.N.S,S/O.SREEDHARAN PILLAI, GOPAMANDIRAM,MANGAD POST,KOLLAM. BY ADVS. MR.VINOD VALLIKAPPAN, SMT.S.SUMITHA. RESPONDENT: ---------------------- THE MANAGER,STATE BANK OF TRAVANCORE, KILIKKALLUR BRANCH,KOLLAM. BY MR. R.S. KALKURA, S.C, S.B.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.5302 OF 2010 --------------------------------------- Dated this the 16th day of March, 2010. J U D G M E N T The petitioner has approached this Court seeking for a direction to return the title deeds produced by the petitioner at the time of availing of a loan. The petitioner had availed an overdraft facility from the respondent for his business purpose. Finally, the liability was settled going by Exhibit P1 which evidences the closure of the loan account. Thereafter, he submitted an application as per Exhibit P2 to return the title deeds to which Exhibit P3 reply was given. 2. Going by Exhibit P3, the stand taken is that there is another loan availed of by the wife of the petitioner to which the Bank is entitled to keep the documents in the light of the General Lien available. This is disputed in the writ petition. It is submitted that the properties are jointly owned by them. Learned counsel for the petitioner submitted that there are other sureties for the loan availed of by the wife and therefore, the W.P.(C) No.5302/2010 2 documents need not be retained by the Bank to enforce liability if any in those accounts. It is entirely a matter for the Bank to decide. Therefore, it is upto the Bank to initiate appropriate legal action in the matter which can be defended by the petitioner also. This writ petition is closed. T.R. RAMACHANDRAN NAIR JUDGE smp