IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19494 of 2011(J) -------------------------------------- PETITIONER(S): ------------------------ MATHEW PAUL, S/O.POULOSE, 298/23 MAIN BTM LAYOUT, IIND STAGE, BANGALORE-560 076, THROUGH GENERAL POWER OF ATTORNEY HOLDER N.ZAINUDEEN, S/O.ALAVI, NADUVILAKALATHIL HOUSE, VATTAPARA, MALAPPURAM DISTRICT. BY ADV. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN RESPONDENT(S): ---------------------------- THE MANAGER, INDIAN OVERSEAS BANK, OPP.NEW BUS STAND, PANDIKKAD ROAD, MANJERI-676 121. BY ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19494/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DOC.NO.5000/07 S.R.O., MANJERI, EXECUTED BY MS.SULAIKHA IN FAVOUR OF THE PETITIONER, DATED 17/7/2007. P2 COPY OF THE DOC.NO.7864/2006 S.R.O., MANJERI, EXECUTED IN FAVOUR OF MS.SULAIKHA, DATED 23/12/2006. P3 COPY OF the DOC.NO.4565/2003 , S.R.O., MANJERI, EXECUTED BY MUHAMMADALI IN FAVOUR OF GEORGE AND HIS WIFE SHERLY GEORGE, DATED 25/9/2003. P4 COPY OF THE CLOSURE CERTIFICATE ISSUED BY THE RESPONDENT BANK, DATED 17/5/2011. P5 COPY OF THE REPRESENTATION FILED BY THE PETITION BEFORE THE RESPONDENT, DATED 5/3/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19494 of 2011 ---------------------------------------- Dated this the 25th day of July, 2011. J U D G M E N T The petitioner submits that he is the purchaser of a property mortgaged to the respondent Bank. He says that though the liability has been cleared and he made Ext.P5 representation, the documents of title are not released by the Bank. It is complaining of the above, this writ petition is filed. 2. On the other hand the stand taken by the respondent Bank is that the petitioner is a third party and that it is for him to produce documents proving the bonafides of his request. 3. However, from the facts pleaded, I notice that the petitioner has not been intimated about the documents which he has to produce to substantiate his claim as required by the Bank. In that view of the matter, I direct that the Bank will give a reply to Ext.P5, indicating the W.P(C) No.19494 of 2011 2 requirements of the petitioner will have to comply for returning the documents claimed by him. 4. Once such requirements are satisfied by the petitioner, his claim will be considered and orders thereon shall be passed. 5. The Bank will give reply to Ext.P5 within two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. Sd/- ANTONY DOMINIC, JUDGE ab //True Copy// P.A to Judge