Citation : 2021 Latest Caselaw 9878 Ker
Judgement Date : 24 March, 2021
WP(C) 35279/2019 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
Wednesday,the 24th day of March 2021/3rd Chaithra, 1943
WP(C) No.35279/2019(H)
PETITIONER
For information purpose only
RATHISH R,AGED 38 YEARS,S/O P.M RAMAKRISHNAN, RESIDING AT
KIZHAKKE THOTTUPADAM HOUSE, PERUVEMBA P.O, PALAKKAD TALUK,
PALAKKAD , PIN- 678 531.
RESPONDENTS
1.STATE BANK OF INDIA,(EARSTWHILE STATE BANK OF TRAVANCORE), REPRESENTED BY ITS BHRANCH MANAGER, PULIYARAKONAM BRANCH, VILAPPIL PANCHAYATH, NO.6/1396, 1397,1398, MONEY BHAVAN , PULIYARAKONAM P.O, THIRUVANANTHAPURAM- 695 573.
2.THE BRANCH MANAGER,STATE BANK OF INDIA, (EARSTWHILE STATE BANK OF TRAVANCORE), PULIYARAKONAM BRANCH, VILAPPIL PANCHAYATH, NO.6/1396, 1397,1398, MONEY BHAVAN , PULIYARAKONAM P.O, THIRUVANANTHAPURAM- 695 573.
3.ASST. GENERAL MANAGER,STATE BANK OF INDIA, RASMECIV, IIIRD FLOOR, KSHB BUILDING , SANTHI NAGAR , THIRUVANANTHAPURAM- 695
001.
Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to direct the respondent to find out the misplaced original title deed no.5286/2012, dated 05-11-2012 of Malayinkil S.R.O. along with other documents mentioned in Exhibit P5 with regard to the property mortgaged by the petitioner, pending disposal of this Writ Petition.
WP(C) 35279/2019 2/2
This petition coming on for admission upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of M/S LIJIN THAMBAN, G.S.KRISHNAN KARTHA, Advocates for the petitioner and of M/S R.S.KALKURA, Advocate for R2 & R3, the court passed the following:
For information O R D purpose ER only Though the respondents have stated that the original of the document is not traced out and they have relied on the judgment Exhibit R2(b) in WP(C) No.6952/08, no steps are seen taken for publication regarding the missing of the document. Respondents shall take appropriate action in accordance with law within two months.
Post immediately after summer vacation.
24-03-2021 Sd/-
P.V.ASHA,JUDGE /true copy/
Sd/-
ASSISTANT REGISTRAR
EXHIBIT P5 - A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT REGARDING THE DETAILS OF DOCUMENT HELD RELATING TO HL 67316047751.
EXHIBIT R2(b) - TRUE COPY OF THE JUDGMENT DATED 14-03-2008 IN WP(C) NO.6952 OF 2008
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