IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 32777 of 2007(B) -------------------------- PETITIONER: ---------------- 1. N.K.CHANDRAMATHI AMMA, NADUVILEDATH HOUSE, PAZHAYANOOR , TRICHUR. 2. ARUN PRASAD P.V., DO..DO... 3. ARUN PRASANTH P.V. DO..DO... BY ADV. SMT.ANJALI VISWANATH RESPONDENTS: ------------------ 1. THE PUNJAB NATIONAL BANK REP. BY ITS SENIOR MANAGER PRIYADARSINI RAOD, PALAKKAD. 2. THE SUB-DIVISIONAL MAGISTRATE, PALAKKAD. 3. T.R.K.DAS NO.11/877,ROBINSON ROAD, PALAKKAD-14. ADDL.R4: SMT. JAYANTHI DAS, W/O. SRI. T.R.K. DAS, NO.11/877, ROBINSON ROAD, PALAKKAD – 670 014. (IMPLEADED AS PER ORDER DT. 10.6.08 IN IA 7133/08) BY ADV. SRI.V.CHITAMBARESH (SR.) FOR R3 SRI.C.AJITH KUMAR FOR R1 SRI.T.C.SURESH MENON FOR R3 SRI.JIBU P THOMAS FOR R3 SRI.P.S.APPU FOR R3 GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32777 of 2007 EXT.P1: COPY OF THE AGREEMENT DT. 9.11.2005 ENTERED INTO BY THE 1ST PETITIONER. EXT.P2: COPY OF THE AGREEMENT DT. 9.11.2005 ENTERED INTO BY THE 2ND PETITIONER. EXT.P3: COPY OF THE AGREEMENT DT. 9.11.2005 ENTERED INTO BY THE 3RD PETITIONER. EXT.P4: COPY OF THE LETTER DT. 1.12.2005. EXT.P5: COPY OF THE JUDGMENT DT. 5.4.2006 IN W.P.(C)NO.36075 OF 2005. EXT.P6: COPY OF THE LETTER DT. 6.5.2006. EXT.P7: COPY OF THE LETTER DT. 24.4.2007. EXT.P8: COPY OF THE F.D. RECEIPTS DT. 25.4.2007. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.32777 OF 2007 ---------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT The petitioners have filed this writ petition seeking the following reliefs. “1. Issue a writ of mandamus or any other appropriate writ direction or order directing the 1st respondent to either release the three sale deeds covered by Ext.P1 to P3 agreements and take the sale consideration mentioned in the same towards the loan account of the 3rd respondent. 2. Issue a writ of mandamus or any other appropriate writ direction or order directing the 1st respondent to come out with a positive reply in conformity with Ext.P5 judgment with in a time limit”. The subject matter of the writ petition is proceedings for recovery of loan amounts due to the 1st respondent from the 3rd respondent. The bank has filed a counter affidavit to the effect that the 3rd respondent has paid off the entire amounts due and the loan account has been closed, as a result of which the entire security documents have been released to the 3rd respondent. In view of the above circumstances, the petitioners seek a direction to the bank to return the Rs.10 lakhs deposited by the W.P.(c)No.32777/07 2 petitioners with the 1st respondent. 2. The learned counsel for the 1st respondent submits that the said amount has been kept in a 'no lien' account with the bank and it can be returned to the petitioners. Accordingly this writ petition is disposed of with a direction to the 1st respondent to return the amount kept in the 'no lien' account as admitted by them, to the petitioners, within a period of two weeks from today. I make it clear that this is subject to the contentions of the petitioners in the matter and subject to their other remedies, if any, available to them. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.32777/07 3