IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 7558 of 2009(L) ------------------------- PETITIONER(S): --------------- ZACHARIAH K.SAMUEL, AGED 59 YEARS, S/O.S.K.MANI, 112, LAKEDARSHAN NAGER, KOLLAM -691 001. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE MANAGER, THE HOUSING DEVELOPMENT FINANCE CORPORATION LTD., KOLLAM. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, ANANVALLEESWARAM, KOLLAM. ADV. SRI.K.S.HARIHARAPUTHRAN FOR R2 MR.M.L.SAJEEV, SC MR.K.K.CHANDRAN PILLAI, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7558 of 2009 --------------------------------- Dated, this the 19th day of March, 2009 J U D G M E N T The petitioner submits that he has availed of a loan from the 1st respondent by mortgaging his landed properties. Even according to the 1st respondent, the title deed in respect of property on which the mortgage has been created is in their custody. Now, according to the petitioner, the 2nd respondent is willing to take over the loan and discharge the liability. But, however, the 1st respondent is not releasing the documents. It is with that grievance, the writ petition has been filed. 2. I heard Shri.K.K.Chandran Pillai, learned standing counsel appearing for the 1st respondent. It is stated that the 1st respondent is willing to release the documents on receipt of the amount that is due to the petitioner. However, it is pointed out that the branch at Kollam, where from the petitioner had availed of the loan, is only an operating unit, and that the documents are kept at their Thiruvananthapuram Office. In view of this, the learned counsel submits that if the 2nd respondent sends a DD covering the full WP(C) No.7558/2009 -2- amount due from the petitioner to the 1st respondent, the 1st respondent shall accept the same and after encashing the DD, without any further delay, return the documents deposited by the petitioner to the 2nd respondent, directly, by registered post. In my view, the submission so made by the learned standing counsel appearing for the 1st respondent should redress the grievances of the petitioner. Therefore, I record the submission so made and dispose of this writ petition. 3. Needless to say that if the loan is sanctioned as submitted by him, in view of the statement made by the learned standing counsel for the 1st respondent before this Court that they will send the documents to the 2nd respondent directly, it will be open to the 2nd respondent to send the DD to the 1st respondent directly. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg