Amal G Padath vs The Registrar
2021 Latest Caselaw 11005 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8733 OF 2021(N)


PETITIONER:

               AMAL G PADATH
               AGED 37 YEARS
               S/O. GEORGEKUTTY PAUL, PADATH HOUSE, KIZHUMURI P.O.,
               RAMAMANGALAM, ERNAKULAM DISTRICT, PIN-686 663.

               BY ADV. SRI.AJU MATHEW

RESPONDENTS:

      1        THE REGISTRAR,
               REGISTRAR OF CO OPERATIVE SOCIETIES, OFFICE OF THE
               REGISTRAR OF CO OPERATIVE SOCIETIES, JAWAHAR
               SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
               THIRUVANANTHAPURAM DISTRICT, PIN-695 014.

      2        THE BRANCH MANAGER
               THE KERALA STATE CO-OPERATIVE BANK LTD. (FORMERLY THE
               ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD.),
               RAMAMNGALAM BRANCH, RAMAMANGALAM P.O., ERNAKULAM
               DISTRICT, PIN-686 663.


OTHER PRESENT:

               SR.GP K.P HARISH, SRI.N.REGHURAJ FOR R2.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8733 OF 2021(N)

                                2



                           JUDGMENT

Dated this the 7th day of April 2021

The petitioner had availed a loan from the second

respondent bank by depositing title deed of the property

belonging to him. Ext.P2 is the settlement deed in his

favour and Ext.P1 release deed is its prior title deed.

The petitioner now requires an attested copy of the

document, along with a certificate affirming that the

original Ext.P1 release deed is kept in the bank.

2. After having heard the learned Counsel for the

petitioner, Mr. N. Raghuraj representing the second

respondent bank and the learned Senior Government

Pleader for the first respondent, I am inclined to dispose

of the writ petition itself by directing that the second

respondent bank shall issue an attested copy of the

Ext.P2 along with a certificate evidencing that original of

Ext.P1 is kept in the bank towards deposit of the title

deed, if there is no other legal impediments, within 15

days from the date of production of a copy of this WP(C).No.8733 OF 2021(N)

judgment.

3. It is made clear that the charge over the

property mortgaged to the bank will remain.

The writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/7-4 WP(C).No.8733 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEASE DEED NO.331 OF 2003 OF S.R.O. PIRAVOM.

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.469 OF 2003 OF S.R.O. PIRAVOM.

EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED 2.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENTS EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE