IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 5811 of 2008(P) ------------------------- PETITIONER: ------------ P.M.JALALUDIN, P.D.TEACHER (RETD) GOVT.GIRLS HIGH SCHOOL, ADOOR, NOW RESIDING AT NISHAR MANZIL, PAZHAKULAM, ADOOR P.O. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ACCOUNT GENERAL (A & E), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.5811/2008 2 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 29.08.2006. EXT.P2: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DT.12.09.2006. TRUE COPY P.A.TO JUDGE S.SIRI JAGAN, J ================== W.P(C)No.5811 of 2008 ================== Dated this the 28th day of August, 2008. J U D G M E N T The petitioner while working as a teacher in Government service, availed of a housing loan from the Government. As security for the loan, the petitioner deposited with the 1st respondent the title deeds relating to the petitioner's property. The petitioner has repaid the entire amount with interest within time and a clearance certificate has also been issued on 7.8.2006 for release of security documents. The petitioner filed this writ petition when no action has been taken on is request for the return of the security documents. The petitioner seeks the following relief: “a. Issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents no.1 and 2 to return the security documents furnished by the petitioner for availing loan No.L4/41604/98/DPI dated 01-01-1999 within the timelimit fixed by this Hon'ble Court.” 2. An affidavit has been filed by the respondents wherein it is stated that the security documents deposited by the petitioner is missing and that in spite of the best efforts of the respondents the same could not be traced. It is further submitted as follows: W.P(C)No.5811 of 2008 - 2 - “It is humbly submitted that proper steps will be taken to obtain duplicate copies of all the missing documents, with the permission of the 2nd respondent and with the consent of the parties. Since the documents are irrecoverably lost, this respondent is not in a position to hand over the same to the petitioner.” 3. The petitioner submits that if the petitioner does not get the original deed, he will be seriously prejudiced in the matter of future transactions in respect of the properties. 4 In the above circumstances, I suggested to the learned Government Pleader that the petitioner be given a certified copy of the document in question with an authenticated endorsement thereon regarding the fact that the same has been irrecoverably lost from the custody of the 1st respondent and that the said certified copy shall be treated as the original document in respect of the petitioner's property. However, the learned Government Pleader on instructions submits that if such a course is adopted it would be a precedent for others to claim similar reliefs claiming that the original is lost. She also submits that there is no such provision under law for issue of a certified copy with such endorsement. I am of opinion that when the default or negligence has been committed by the respondents who are Government servants, the Government has a duty to redress the grievance W.P(C)No.5811 of 2008 - 3 - of the petitioner as best as they can. The only way petitioner's grievance can be redressed in this case is to give the petitioner an appropriate document which he can use as a title deed in respect of his property in place of the lost one. Accordingly, the Government of Kerala and the respondents are hereby directed to hand over to the petitioner a certified copy of the document in question from the appropriate sub registry office with a properly authenticated endorsement thereon stating that the same is issued in lieu of the original document which has been lost from the custody of the 1st respondent and that for future transactions in respect of the property covered by that document, that certified copy should be treated by all concerned as the original document. The same shall be issued within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs