IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 17328 of 2008(K) -------------------------- PETITIONER: ---------------- A.K.MOIDU ANJILAKADAVATHU, S/O.MOHAMMED, NAMNAMGADU DESOM, NAMNAMGADU P.O., VILATHOOR AMSOM, CHAVAKKADU, THRISSUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENTS: ------------------ 1. KERALA FINANCE CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE CHIEF MANAGER, KERALA FINANCE CORPORATION, TRICHUR BRANCH, SMART CENTRE, KOKKALA JUNCTION, TRICHUR. 3. K.T.CHARLIE, S/O.K.I.THAVOO, KANJIRATHINKAL HOUSE, THEKKEPURAM, KUNNAMKULAM, TRICHUR DISTRICT. BY ADV. SRI.M.M.SAYED MUHAMMED, SC, KFC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17328 OF 2008 ---------------------------------------- Dated this the 12th day of August, 2008 JUDGMENT In this writ petition, purchaser of a property, from the borrower, who had already mortgaged the same to the Kerala Financial Corporation, has approached this Court seeking a direction to the KFC to handover the title deeds of the property deposited with the KFC to the petitioner on the ground that the petitioner has paid off the entire amounts due to the KFC in respect of the property, which was purchased by the petitioner. 2. I have heard the learned Standing Counsel appearing for the KFC. The contention of the KFC is that as far as the KFC is concerned, the petitioner is a total stranger and the security documents in respect of that property can be released only to the borrower namely, the 3rd respondent. In the above circumstances, I direct that if the 3rd respondent has already paid the value of the property in question to the satisfaction of the KFC in respect of that particular W.P.(c)No.17328/08 2 property, the security documents shall be released to the 3rd respondent. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd