IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 25837 of 2009(Y) -------------------------- PETITIONER(S): --------------- A.P.JAMES, AGED 47 YEARS, S/O.LATE PAILY, RESIDING AT ARACKAL HOUSE, KODIKKULAM P.O., THODUPUZHA. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. SECRETARY, KERALA STATE FARMER'S DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, IDUKKI-PAINAVU. 3. THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK, REP. BY ITS SECRETARY. ADV. SRI.P.V.BABY FOR R3 SRI.A.N.SANTHOSH FOR R3 SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 25837/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.14.6.07. P2. COPY OF THE FINAL ORDER DTD.23.7.08. P3. COPY OF THE INTIMATION DTD.22.1.09. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 17883/07. P5. COPY OF THE ORDER DTD.31.7.09. P6. COPY OF THE LETTER DTD.18.8.09. P7. COPY OF THE REPRESENTATION DTD.26.8.09. P8. COPY OF THE DEMAND DRAFT. P9. COPY OF THE COMPLAINT DTD.29.8.09. P10. COPY OF THE NOTICE DTD.29.8.09. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE APPLICATION FOR LOAN. B. COPY OF THE LOAN SANCTION ORDER. C. COPY OF THE JUDGMENT IN O.P.No. 11989/03 OF THIS COURT. D. COPY OF THE COMMUNICATION DTD.9.3.05. E. COPY OF THE REPLY DTD.6.11.08. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 25837 of 2009 ================== Dated this the 14th day of December, 2009 J U D G M E N T The petitioner in this writ petition is a defaulter in repayment of loan amounts due from him to the 3rd respondent bank. On the ground that the loan taken by the petitioner is an agricultural loan, the petitioner approached the Kerala State Farmers' Debt Relief Commission, Thiruvananthapuram, who passed Ext.P2 order, in which, the petitioner was granted relief to the extent of Rs.50,000/- as debt relief. Thereafter, the petitioner paid the balance amount due and sought for release of the security documents. 2. The Bank filed W.P.(C).No.27382/2009 challenging Ext.P2 order. According to the bank, the loan availed of by the petitioner was granted to him for business purposes and not for agricultural purposes. Therefore, the Bank would contend that the Commission had no jurisdiction to pass Ext.P2 order in so far as the loan is not an agricultural loan as defined under the provisions of the Act, under which the Commission was established. The Bank submits that security documents cannot be released unless the liability of the petitioner to pay the balance amount also is finally decided in that writ petition. 3. The learned counsel for the petitioner points out that the balance amount due is only Rs.50,000/- and several properties have 2 been mortgaged to the bank for the entire amount. Therefore, there cannot be any difficulty for the bank to release the other properties after retaining one of the properties sufficient to cover the security for the balance amount. It is also submitted that the petitioner has mortgaged 4 cents of land in Sy. No.1332/7-4 in Kodikkulam Village in addition to 2.10 acres of properties comprised in Survey Nos.969/1A7, 1335/1A, 1335/1B and 1333/2B of Kodikkulam Village. According to the petitioner, 4 cents and the building thereon in survey No.1332/7-4 is sufficient to cover the balance amount due and therefore, the 2.10 acres can be released from the mortgage. 4. In view of the above submission, I directed the counsel for the bank to get instructions on the same. The counsel for the bank today submits that when, for a loan, several properties are mortgaged, as per the directions of the Registrar of Co-operative Societies, the security cannot be released piece-meal. But he does not dispute the fact that 4 cents of property and the building thereon in survey No.1332/7-4 would be sufficient security to cover the balance amount due from the petitioner. 5. In the above circumstances, I am of opinion that the bank cannot object to the releasing the other properties in so far as sufficient security for the balance amount is available by way of mortgage of 4 cents and the building thereon in survey No.1332/7-4. 3 Accordingly, I dispose of this writ petition with a direction to the 3rd respondent to release the 2.10 acres of property described above after retaining mortgage of 4 cents and the building in survey No.1332/7-4 as security for the balance amount. This shall be done within a period of two weeks from today. If fresh separate security documents are to be executed by the petitioner, it would be open to the bank to obtain such separate documents in respect of the 4 cents in survey No.1332/7-4 and the release of the 2.10 acres shall only be after execution of such documents. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge