IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 9450 of 2009(A) ------------------------- PETITIONER(S): --------------- ABDUL JALEEL.A., THOPPIL VEEDU, PERUMATHARA P.O., THIRUVANANTHAPURAM-695 303. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. KERALA FINANCIAL CORPORATION, REP.BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. CHIEF MANAGER, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM,THIRUVANANTHAPURAM. 3. SPECIAL TAHSILDAR (REVENUE RECOVERY), KERALA FINANCIAL CORPORATION, THIRUVANANTHAPURAM. BY SC SRI.S.SREEKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).9450/2009 -------------------- Dated this the 1st day of July, 2009 JUDGMENT Petitioner's brother availed a vehicle loan from the 2nd respondent, Kerala Financial Corporation. He had created a security in relation to the property over which the petitioner and his brother exercise joint ownership. Though the said loan was cleared, respondents did not release the documents of title. Apparently, this is for the reason that the petitioner's brother had availed another loan from the 2nd respondent, that the same has not been cleared and that therefore, the Corporation proposes to exercise a general lien over property in question as well. 2. A statement has been filed on behalf of the respondents. There is no contention that the property in question belonging to the petitioner, is continued to be burdened with an attachment or any other form of restraint. But the Corporation contends that it is entitled to take steps to recover the amounts due from W.P.(C).9450/2009 2 the petitioner's brother in course of time. It would be entitled to proceed against the petitioner's property covered by Ext.P1 settlement deed also, it is contended. 3. If the Corporation is entitled to proceed against the property of the petitioner, they should demonstrate the right before a Civil Court or before any other appropriate forum. They cannot refuse to release the documents of title after the loan, in relation to which the property was offered as security, has been closed. There is a termination of the relationship between the petitioner and the Corporation, qua the loan which was availed by the petitioner's brother. 4. In the result, writ petition is disposed of directing the 1st respondent to release the prior documents relating to Ext.P1, within one month from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs