IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21623 of 2009(W) -------------------------- PETITIONER(S): --------------- A.F.THOMAS, S/O. ALAPPATTE FRANCIS ANJOOR VILLAGE, THRISSUR TALUK, NOW RESIDING AT C/O. LONAPPAN, OLAKKENGIL HOUSE, KIRALOOR, MUNDOOR.P.O., THRISSUR. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY (CO-OPERATION) SECRETARIAT, TRIVANDRUM. 2. JOINT REGISTRAR (GENERAL) CO-OPERATIVE DEVELOPMENT THRISSUR. 3. MUNDOOR SERVICE CO-OPERATIVE BANK LTD.NO.R.189, ANJOOR.P.O., MUNDOOR THRISUR REP. BY ITS SECRETARY RAJAN, S/O. VELAPPAN, VADERIYATTIL HOUSE, ANJOOR VILLAGE, THRISSUR TALUK BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.21623 OF 2009 ------------------------ Dated this the 31st day of July, 2009. JUDGMENT Petitioner submits he had availed of a loan from the 3rd respondent, mortgaging immovable properties. It is stated that the entire liability has been discharged with the payment made on 6.2.2009 and that thereupon the petitioner sought return of the documents deposited for availing the loan. Documents were not released and therefore the petitioner made Ext.P1 complaint to the 2nd respondent. 2. Thereupon, proceedings were initiated by the 2nd respondent and by Ext.P2, the 2nd respondent recorded the submission made on behalf of the 3rd respondent Bank that, the documents will be released after proceedings in Crl.MP.No.6250/08 pending before the Judicial First Class Magistrate, Kunnamkulam are over. Petitioner submits that by Ext.P3 order dated 15.6.2009, the complaint which was registered as Crl.MP.No.6250/08 has been dismissed by WP(c).No.21623/09 2 the Judicial First Class Magistrate court. It is stated that thereafter he again sought release of the documents by filing Ext.P4 and that there was no response from the 3rd respondent. It is in these circumstances the writ petition is filed. 3. A reading of Ext.P2 proceedings of the 2nd respondent shows that the only objection raised by the Bank for releasing the documents was the pendency of Crl.M.P.No.6250/08 . As is evident from Ext.P3, that proceedings have terminated with the dismissal of the complaint. If that be the position, there is no reason why the documents are not returned. Now that the petitioner has filed Ext.P4 before the 3rd respondent, I direct the 3rd respondent to consider the said application in the light of Exts.P2 and P3 referred to above. Orders shall be passed as expeditiously as possible and at any rate within 6 weeks from the date of production of a copy of the judgment. Writ Petition is disposed of as above. (ANTONY DOMINIC) vi/ JUDGE WP(c).No.21623/09 3