IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 4892 of 2009(G) ------------------------- PETITIONER(S): ------------------ VINCENT @ WILSON B.L., S/O. LONAPPAN, BRAHAMAKULAM HOUSE, P.O. PULLAZHI, OLARIKKARA, THRISSUR DIST, EPRESENTED BY POWER OF ATTORNEY HOLDER, VERONICA, W/O. VINCENT, RESIDING AT BRAHAMAKULAM HOUSE, P.O. PULLAZHI, OLARIKKAR, THRISSUR DT. BY ADV. SRI.JIJO PAUL RESPONDENT(S): ------------------- 1. THE KURIACHIRA SERVICE CO-OPERATIVE BANK LTD., NO. 637, H.O. KURIACHIRA, REPRESENTED BY SECRERARY. 2. JOINT REGISTRAR OF CO-OPERATIVE BANK LTD., NO. 637, H.O. KURIACHIRA, REPRESENTED BY SECRETARY. 3. MARY, W/O. JOHNY, MAROKY HOUSE, OPP. ENGINEERING COLLEGE, P.O. CHERUR, THRISSUR. 4. LILLY, W/O. FRANCIS, OLAKKENGAL HOUSE, KAIRALI ROAD, NEHRU NAGAR, THRISSUR. 5. MARY CHACKO, W/O. LATE B.L. CHACKO, # 5,2ND MAIN,4TH CROSS, RAMAKKA BLOCK, CHINNAPPA GARDEN, BANGALURE-46. 6. SOLOMON B.C., S/O. LATE B.L. CHACKO, # 5,2ND MAIN,4TH CROSS RAMAKKA BLOCK, CHINNAPPA GARDEN, BANGALURE-46. WPC NO.4892/09 -2- 7. SONY ALOSIUS, PALAYOOR HOUSE, EZHUWATHERUTHY, PONNANI, MALAPPURAM. 8. SR.MARIA BRAHMAKULAM, LITTLE SISTERS OF MOTHER OF SORROWS, ENG. MED. SCHOOL, CHALAPPADAM, WADAKANCHERY, THRISSUR. 9. B.L. FRANCIS, BRAHMAKULAM HOUSE, AMBADIKULAM LANE, OLARIKKARA, PULLAZHI, THRISSUR 680 012. 10. B.L. DEVASSY, BRAHMAKULAM HOUSE, MAHAVISHNU TEMPLE VIA, MUKKATTUKARA, THRISSUR 680 657. 11. VALSALA VARUNNY, BRAHMAKULAM HOUSE, SITARAM QUARTERS, OLARIKKARA, PULLAZHI, THRISSUR - 680 012. 12. VINU B.V., S/O. LATE B.L. VARUNNY, BRAHMAKULAM HOUSE, SITASRAM QUARTERS, OLARIKKARA, PULLAZHI, THRISSUR 680 012. 13. VINI ANTONY, D/O.LATE B.L.VARUNNY, VIDHAYATH HOUSE, SAW MILL ROAD, KOORKANCHERY, THRISSUR. 14. GEORGE B.L. BRAHMAKULAM HOUSE, PENINGANUR, PARAMAKALAM P.O., THRISSUR. ADV. SRI.RANJITH XAVIER FOR R4 GOVT.PLEADER SRI.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.4892/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE POWER OF ATTORNEY DT 21.11.2008 EXECUTED BY PETITIONER. EXT.P2: TRUE COPY OF THE WILL EXECUTED BY KUNJILA, THE PETITIONER'S MOTHER DT 17.6.86. EXT.P3: TRUE COPY OF THE LAWYER NOTICE DT 3.9.2008 ISSUED BY THE PETITIONER'S COUNSEL TO THE 1ST RESPONDENT. EXT.P3(a): TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXT.P3. EXT.P4: TRUE COPY OF THE REPLY NOTICE DT 15.9.2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER'S LAWYER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 4892 OF 2009 (G) ===================== Dated this the 26th day of August, 2009 J U D G M E N T Petitioner submits that his mother late Kunjila Lonappan was the owner of 5.25 cents of land obtained as per Purchase Certificate No.16/84 issued by the Trichur Taluk, where a residential building is also situated. 2. It is stated that as per Ext.P2 Will executed as document NO.136/86 of the SRO, Trichur, the aforesaid property was bequeathed to him. During the lifetime of the deceased, the deceased had offered the property as security for a loan extended to a third party by name Sri.Felix from the 1st respondent Co- operative Bank. Subsequent to the expiry of his mother, petitioner expressed his willingness to discharge the liability of the aforesaid loanee to the Bank, but however, the Bank declined to release the documents to him on the ground that an application in that behalf should be made jointly by all the legal heirs of the deceased. It is at that stage this writ petition is filed impleading respondents 3 to 14 as the legal heirs of the deceased Kunjila Lonappan. 3. Though notice has been served on all the respondents, except respondent No. 4, none has appeared in this Court or filed WPC 4892/09 :2 : any pleadings disputing the prayers made in the writ petition. The 4th respondent in her counter affidavit only attempted to explain her role in mortgaging the property, but she does not have any objection in the Bank releasing the document to the petitioner. 4. In the above circumstances, particularly having regard to the fact that none of the legal heirs of the deceased has chosen to appear pursuant to the notice issued by this Court or contest the claim of the petitioner, I dispose of this writ petition with the following directions: (1) That on the petitioner discharging the liability that is due to the 1st respondent Bank, in respect of the transaction in which the aforesaid property is mortgaged, the Bank shall release the documents deposited by the deceased mother. (2) It is also made clear that it will be open to the petitioner to apply for one time settlement scheme, if any, in vogue and that if any such application is made, that will be duly considered by the Bank. (3) Petitioner or his power of attorney holder may produce a copy of this judgment before the 1st respondent Bank for compliance. ANTONY DOMINIC, JUDGE Rp