Mohanan S vs The Kerala State Defence Services
2021 Latest Caselaw 950 Ker

WP(C).No.4560 OF 2020(T)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                    WP(C).No.4560 OF 2020(T)


PETITIONER/S:

            MOHANAN S.
            AGED 53 YEARS
            S/O VASUDEVAN, PURUTHRETHU HOUSE,
            OLAKETTIYAMBALAM P.O.ALAPPUZHA DISTRICT.
            PIN-690510.
            BY ADVS.
            SRI.SUNNY XAVIER
            SMT.C.P.PRETTY

RESPONDENT/S:

      1     THE KERALA STATE DEFENCE SERVICES
            CO-OPERATIVE HOUSING SOCIETY LTD, REPRESENTED BY ITS
            SECRETARY, ANJIPARAMBIL BUILDINGS, ANAND BAZAR,
            SOUTH RAILWAY STATION ROAD, ERNAKULAM, PIN-682 016.

      2     THE JOINT REGISTRAR (GENERAL),
            DEPARTMENT OF CO-OPERATIVE SOCIETIES, FIFTH FLOOR,
            NEW BLOCK, CIVIL STATION, KAKKANAD-682 030.



            R1 & R2 SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4560 OF 2020(T)
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                          JUDGMENT

The petitioner herein had availed a housing loan in

2013 from the first respondent-Society. According to him,

the entire loan was repaid on 5.3.2019. This was

acknowledged by the Society by Ext.P1 reply, in which they

have undertaken to return the documents within one month

from 27.5.2019. The grievance of the petitioner is that even

after long lapse of time they have not returned the

documents.

2. According to the petitioner he had filed

PLP.No.2376 of 2019 before the Legal Service Authority,

Mavelikkara, which was closed due to non appearance of R1

except on a single posting day.

3. Even though, notice was issued from this court to

R1, it was returned unclaimed from R1. This court by order

in IA.No.1 of 2021 had declared the service as complete.

4. Heard the learned counsel for the petitioner and WP(C).No.4560 OF 2020(T)

the learned senior Government Pleader.

5. Evidently the liability has been completely

discharged. In the absence of any other legal impediment,

the first respondent is liable to return the documents. The

retention of the original documents in spite of long delay

and in spite of Ext.P1 undertaking in May 2019 to return

cannot be justified at all. Having considered this, I am

inclined to dispose of the Writ Petition, directing the first

respondent to return all the documents which are received

from the petitioner at the time of availing housing loan

referred to in the Writ Petition, within a period of two

weeks from the date of production of a copy of this

judgment. This will be without prejudice to the right of

the petitioner to seek further relief and damages, if any,

caused to him by the unjustified delay.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C).No.4560 OF 2020(T)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ON 27.5.2019 MENTIONING THE CLOSING OF THE LOAN AND INTIMATING THAT DOCUMENTS WILL BE RETURNED SHORTIY ALONG WITH TRANSLATION

EXHIBIT P2 PHOTOCOPY OF THE REPRESENTATION DATED 27.1.2020 SUBMITTED TO THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS NIL