Rafeek K vs The State Of Kerala
2021 Latest Caselaw 23329 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 26235 OF 2021
PETITIONERS:

    1     RAFEEK K.,
          AGED 36 YEARS
          S/O. KUNJALI, R/O. KADUVANDIL HOUSE, THEKKUMBAGAM,
          THRIPPUNITHURA, KERALA-682301.

    2     RIYAS K.,
          AGED 41 YEARS
          S/O. KUNJALI, R/O. KADUVANDIL HOUSE, THEKKUMBAGAM,
          THRIPPUNITHURA, KERALA-682301.

    3     KUNJALI K.,
          AGED 67 YEARS
          S/O. KUNJU MOHAMMED, R/O. KADUVANDIL HOUSE,
          THEKKUMBAGAM, THRIPPUNITHURA, KERALA-682301.

          BY ADVS.
          M.K.CHANDRA MOHANDAS
          SHAKTHI PRAKASH
          PRATHEEK VISWANATHAN
          HARIKRISHNAN M.S.



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2     THE SPECIAL TAHSILDAR (LA) NO.1,
          KOCHI METRO RAILWAY PROJECT, CIVIL STATION, KAKKANAD,
          ERNAKULAM-682030.

    3     THE KOCHI METRO RAIL LIMITED,
          4TH FLOOR, JLN METRO STATION, KALOOR, COCHIN-682017,
          REPRESENTED BY ITS MANAGING DIRECTOR.

    4     THE HDFC BANK,
          RETAIL LOAN SERVICE CENTRE, 1ST FLOOR, SUDHAS BUILDING,
 WP(C) NO. 26235 OF 2021
                                   2

          MADHAVA PHARMACY JUNCTION, BANERJI ROAD, ERNAKULAM-
          682018, REPRESENTED BY BRANCH MANAGER.

          BY ADV P.SATHISAN




          SMT. M.U VIJAYALAKSHMI.SC.

          SR GP SMT AMMINIKKUTTY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26235 OF 2021
                                     3

                           JUDGMENT

The petitioners have approached this Court

seeking a direction to the 4th respondent -

HDFC Bank, to submit the original of the title

deeds of their property before the Competent

Authority for Land Acquisition (CALA), acting

under the provisions of the National Highway

Act - which has been retained by them under an

equitable mortgage executed by her - in terms

of the request made by them in Ext.P2, so that

the compensation for the portion of the

property acquired from it, can be released into

the loan account itself.

2. The petitioners explain that since only

a portion of the property covered by the title

document retained by the Bank has been

acquired, unless it is produced before the

CALA, eligible compensation will not be

released and that they have no objection in the WP(C) NO. 26235 OF 2021

said document being either returned to the Bank

or a certified copy of it being retained by the

CALA for such purpose. They then unequivocally

undertook that merely because of the request

which they are now making, they will not impel

contention that they had not created an

equitable mortgage on the property in question.

3. Sri.P.Sathisan - learned counsel

appearing for the 4th respondent - Bank,

submitted that since the amount of compensation

with respect to the acquired property is to be

remitted to the loan account, it is also in the

interest of his client to produce the document

before the CALA. He submitted that his client

had earlier done so and is willing to do so

again, but that they are only making a request

that the CALA be directed to retain a certified

copy of the same and return the original to his

client, so that they can retain it in safe

custody, to proceed against the remaining WP(C) NO. 26235 OF 2021

property for recovery of the balance loan

amount.

4. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that once the 4th

respondent produces the title document before

the CALA, he will examine the same and then

decide the manner in which it has to be

retained or returned; however, stating that

there will be no prejudice to the Bank because

the said Authority will not return it to the

petitioners but only to them and no one else.

She added that unless the 4th respondent-Bank

produces the title document, the compensation

eligible for the acquired property cannot be

released.

5. Smt.Athira.T.S., representing

Smt.M.U.Vijayalakshmi- learned Standing Counsel

for the Kochi Metro Rail Limited (KMRL),

submitted that her client has no role to play

in this case, but prayed that no interdictory WP(C) NO. 26235 OF 2021

orders be issued against them since the work is

still in progress.

6. When I consider the afore submissions,

it is clear that there is no dispute as to the

compensation or its disbursement and that all

the parties are ad idem that the said amount

has to be credited to the loan account of the

petitioners. The only issue in the manner is as

to if and how the original document has to be

retained or otherwise by the 4th respondent.

In the afore circumstances, I order this

Writ Petition directing the 4th respondent -

Manager of the HDFC Bank, to produce the

original documents of the property covered by

the acquisition before the jurisdictional CALA,

who will examine the same and then either

return the document to them or retain it if it

is absolutely necessary, on issuance of proper

receipt to them indicating such retention.

The CALA will, thereupon, ensure that the WP(C) NO. 26235 OF 2021

eligible compensation is disbursed to the Bank,

to be credited to the loan account of the

petitioners; and will subsequently, return the

document to the Bank, if it is retained as per

the afore liberty, but never to the petitioners

or to any other person.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/25/11/2021 WP(C) NO. 26235 OF 2021

APPENDIX OF WP(C) 26235/2021

PETITIONERS' EXHIBITS

Exhibit P1 COPY OF THE NOTICE BEARING NO. LAC 8/21, DATED 16/10/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 COPY OF THE REPRESENTATION DATED 03/11/2021 SUBMITTED BEFORE THE 4TH RESPONDENT.

Exhibit P3 COPY OF THE RECEIPT OF ACKNOWLEDGMENT.