IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 16314 of 2009(H) --------------------------------------- PETITIONER(S): --------------------- GIRIJAKUMARY, KUNNATHU VEEDU, SUBHADRA BHAVAN, MANAYILKULANGARA,THIRUMULLAVARAM.PO, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE QUILON CO-OPERATIVE URBAN BANK LTD., KOLLAM, REPRESENTED BY THE GENERAL MANAGER. 2. THE KERALA STATE FARMERS DEBT RELIEF COMMISSION, REPRESENTED BY THE SECRETARY, K.S.F.D.R.C, OFFICE OF KSFDRC, THIRUVANANTHAPURAM. R2 BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. R1 BY MR.N.DHARMADAN, SENIOR ADVOCATE, ADV. SMT.D.P.RENU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16314/2009-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SAID ORDER DATED 12/05/2008. EXT.P2: COPY OF THE RECEIPT DATED 08/07/2008. EXT.P3: COPY OF THE RECEIPT DATED 07/11/2008. EXT.P4: COPY OF THE RECEIPT DATED 08/09/2008. EXT.P5: COPY OF THE SAID ORDER OF THE 2ND RESPONDENT DATED 14/01/2009. EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO. 16443/2008 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE SAID PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT IN MAY 2009. RESPONDENT'S ANNEXURE : ANNEXURE R1(a): COPY OF THE FINAL ORDER APPLICATIN NO.182494/08KL DATED 19/08/2008. //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 16314 of 2009 - H ---------------------------------------- Dated 20th January, 2010 Judgment The relief sought in this writ petition is for a direction to the first respondent to return the documents deposited by the petitioner for creating a mortgage by deposit of title deeds. The petitioner availed a loan way back in 1996. The writ petition proceeds on the basis that the petitioner has been found eligible for loan waiver by the Kerala State Farmers' Debt Relief Commission. The petitioner has also stated, without producing any proof of payment, that the entire loan amount has been repaid. 2. The learned counsel appearing for the first respondent bank has filed a statement dated 8.12.2009 wherein it is stated that as on 30.11.2009, the sum of Rs.6,03,581/- is due from the petitioner and that the Kerala State Farmers' Debt Relief Commission has rejected the petitioner's claim for debt relief by Ext.R1 (a) order dated 19.8.2008. 3. It is evident from the pleadings that the petitioner has not cleared the loan availed by her. The first respondent bank had on an earlier occasion filed W.P.(C) No.16443 of 2008 in this Court W.P.(C) No. 16314/2009 2 challenging the interim orders passed by the Kerala State Farmers' Debt Relief Commission. The said writ petition was disposed of by Ext.P6 judgment, after Kerala State Farmers' Debt Relief Commission passed Ext.R1 (a) order holding that as the petitioner herein (second respondent in W.P.(C) No.16443 of 2008) has been found ineligible for loan waiver, it is open to the bank to take appropriate action for recovery of the amount due. The petitioner has no case in the said writ petition that she has cleared the entire loan amount. In the case on hand, apart from merely alleging that she has repaid the entire loan amount, the petitioner has not produced any material to substantiate the said contention. In such circumstances, as the petitioner has not proved that the loan amount has been repaid in full, she cannot seek or be granted the relief prayed for in this writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge vaa