IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 18181 of 2006(M) -------------------------------------- PETITIONER(S): --------------------- PHILIP ISSAC, MAPPILATHAZHATHU, CHENGALAM.P.O. BY ADV. SRI.SHAJI THOMAS SRI.BINU PAUL RESPONDENT(S): ------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. ELANGULAM SERVICE CO-OP. BANK, LTD. NO. 3576, REP. BY ITS SECRETARY, ELANGULAM, KOORALI.P.O, KOTTAYAM DISTRICT. 3. SECRETARY, ELANGULAM SERVICE CO-OP. BANK, LTD. NO. 3576, ELANGULAM, KOORALI.P.O. ADV. SRI.P.GOPAL FOR R3 GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18181/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION DT. 6.3.06 SUBMITTED BY THE PETITIONER FOR THE ISSUE OF CERTIFIED COPY OF THE AWARD. P2:- COPY OF THE COMMUNICATION DT. 26.11.98 ISSUED BY THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANJIRAPPALLY. P3:- COPIES OF RECEIPTS DT. 5.5.2000 ISSUED FROM FEDERAL BANK LTD., FOR ISSUING DEMAND DRAFTS IN FAVOUR OF THE RESPONDENT BANK. P4:- COPY OF THE PETITION DT. 3.7.2006 SUBMITTED BEFORE THE IST RESPONDENT. P5:- COPY OF THE ORDER DT. 23.2.08 OF ASST. REGISTRAR, KOTTAYAM. P6:- COPY OF THE LETTER DT. 8.2.08 ADDRESSED TO THE PETITIONER. P7:- COPY OF THE LETTER DT. 22.5.08 ISSUED BY THE SECRETAR Y OF THE BANK. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE AWARD DT. 26.11.1998. R3(b):- COPY OF THE CHEQUE NO.23489 DT. 10.4.96 FOR RS. 20,000/-. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.18181 of 2006 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) issue a writ of mandamus or any other writ order or direction commanding the 1st respondent to issue necessary direction to respondents 2 and 3 to return the documents (ie. title deeds of petitioner's property) entrusted by the petitioner at the time of availing loan, without any further delay. According to the petitioner in view of the settlement as per Ext.P5, the petitioner is entitled to return of the documents on payment of the amounts as agreed to by the parties and as reflected in Ext.P5. It is pointed out by the learned counsel appearing for the second respondent that it is stated in Ext.P5 itself that the settlement is subject to the approval of the Administrator of the second respondent Bank. According to the second respondent, so far Ext.P5 has not been approved by the Administrator. Be that as it may, it is fairly clear that this is a case where the first respondent should intervene and settle the whole dispute, after affording an opportunity for hearing to the W.P(C).No.18181 of 2006 -:2:- petitioner and the second respondent, taking note also of Ext.P5. Accordingly there will be a direction to the first respondent to look into the matter with notice to the petitioner and the second respondent and take appropriate action to redress the grievance of the petitioner within a period of three months from the date of production of a copy of the judgment. In that process it is made clear that Ext.P5 will also be taken into consideration by the first respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.18181 of 2006 ----------------------------------- JUDGMENT 22nd October, 2008