IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 4609 of 2006(W) ------------------------------------- PETITIONER: ------------------- T.P. ABDULLA, ANAPPARA HOUSE, UNNIKULAM P.O., PIN-673 574, VIA. THAMARASSERY, KOZHIKODE DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR. RESPONDENTS: ----------------------- 1. THE BANKING OMBUDSMAN, (KERALA & THE UNION TERRITORY OF LAKSHADWEEP) REPRESENTED BY ITS SECRETARY, OFFICE OF THE BANKING OMBUDSMAN, RESERVE BANK OF INDIA BUILDING, THIRUVANANTHAPLURAM-695 033. 2. THE FEDERAL BANK LTD., KALPETTA BRANCH, WYNAD, REPRESENTED BY ITS MANAGER. GOVT. PLEADER SRI. NOBLE MATHEW, ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4609/2006-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 30/08/2005 OF THE PETITIONERS AND HIS BROTHERS TO THE R.2. EXT.P.2: COPY OF THE LETTER DTD. 16/11/2005 OF THE PETITIONERS AND HIS BROTHERS TO THE R.1. EXT.P.3: COPY OF THE LETTER NO. OBO/2685/05-06 DTD. 12/12/2005 FROM THE R.1. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.4609 OF 2006 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T The request of the petitioner for return of documents was turned down on the ground that the petitioner has created an equitable mortgage. This is disputed by the petitioner. 2. Petitioner may approach the Banking Ombudsman for reconsideration of Exhibit P3 in case there is a dispute on facts, in which event, the said authority will duly consider the matter with notice to the petitioner and Bank within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 4609 OF 2006 J U D G M E N T 08.08.2008