IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 23967 of 2009(M) ----------------------------------------- PETITIONER(S): ------------------------ K.S.BALAN, AGED 54 YEARS, LAKSHMI NIVAS, MELEDATHU LANE, CHEMBUKKAVU, CHEMBUKKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADVS. MR.RAJESH VIJAYENDRAN, MR.BIMAL PRASAD. RESPONDENT(S): --------------------------- 1. PALAKKAD MUNICIPALITY, PALAKAD, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD. R1 & R2 BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, MR.JIBU P THOMAS, MR.P.S.APPU, MR.A.R.NIMOD, MR.P.S.APPU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23967/2009 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 21/06/1993. P2: COPY OF TITLE DEED 3728/1/1993 DTD. 26/06/93. P3: COPY OF MORTGAGE DEED 3729/1/1993 DTD. 26/06/93. P4: COPY OF RECEIPT DTD. 14/05/2009 FOR RS.29,060/- ISSUED BY RESPONDENT. P5: COPY OF RELEASE DEED 2083/09 DTD. 21/05/2009. P6: COPY OF LETTER DTD. 02/06/2009 OF THE PETITIONER. P7: COPY OF THE REPLY LETTER A-1 6188/09 DTD. 02/06/2009 OF 2ND RESPONDENT. P8: COPY OF LAWYER NOTICE DTD. 15/06/2009. P9: COPY OF REPLY LETER A-1 7040/09 DTD. 09/07/2009 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23967 OF 2009 ------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT 1.The petitioner is an Engineer of the first respondent Municipality. He availed a loan from the Municipality and pledged his document (title deed) as security. He has admittedly repaid the entire loan. The title deed is not being returned. Hence this writ petition. 2.The learned counsel appearing for the Municipality states that while it is true that the loan has been repaid and that the petitioner had submitted the title deed, the Municipality is unable to trace out the title deed of the petitioner from its files. This submission is recorded. In the aforesaid circumstances, the writ petition is ordered directing that if the title deed of the petitioner is not traced out and handed over to him under due acknowledgment, within a period of four months from now, respondents 1 and 2 WPC.23967/09 Page numbers will bring the matter to the notice of the Council of the Municipality and obtain orders from the Council to defray all expenses for re-constitution of the document by obtaining a certified copy of the same and also to make notifications by publication in the newspapers in accordance with the law, stating about the loss of the document and calling for objections or claims. If there is any further liability being added on, on the strength of the said lost document, the Municipality shall bear it and the petitioner will stand discharged of all such liabilities. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.25/9.