K.Sivarama Krishnan vs State Of Kerala
2021 Latest Caselaw 17920 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
                       WP(C) NO. 17540 OF 2021
PETITIONER:

          K.SIVARAMA KRISHNAN, AGED 63 YEARS
          S/O. LATE S. KRISHNAMOORTHI, TC/23/782, VYASA 166,
          VALIYASALA STREET, THYCAUD VILLAGE, THIRUVANANTHAPURAM,
          PIN - 695014.


          SRI.V.P.PRASANTH
          SRI.GEORGE BRISTON
          SMT.PREEJA V.P.



RESPONDENTS:

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

    2     THE OFFICIAL RECEIVER,
          THIRUVANANTHAPURAM DISTRICT, OFFICE OF THE DISTRICT
          OFFICIAL RECEIVER, VANCHIYOOR DISTRICT COURT COMPLEX,
          VANCHIYOOR P.O, THIRUVANANTHAPURAM - 695035.



          SRI ASHWIN SETHUMADHAVAN -SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17540 OF 2021
                             2


                          JUDGMENT

The petitioner has approached this Court with a

singular plea that the second respondent be directed to

take up and consider Ext.P5 representation made by him,

seeking execution of the Release Deed, after cancelling an

earlier Mortgage Deed executed by late S.Krishnamoorthi

in the year 1984 in favour of M/s.TVR Funds. The

petitioner says that even though Ext.P5 was preferred by

him a few weeks ago, no action has been taken by the

second respondent on it; and therefore, prays that the

same be directed to be done within a time frame to be

fixed by this Court.

2. In response, the learned Senior Government

Pleader, Sri.Ashwin Sethumadhavan, submitted that if the

petitioner only requires the second respondent to take up

and consider Ext.P5 representation made by him, there

does not appear to be any legal impediment in it being

done; but prayed that this Court may not make any

affirmative declarations as to the entitlement of the

petitioner to any relief and leave it to the said respondent WP(C) NO. 17540 OF 2021

to take a decision on it in terms of law.

In the afore circumstances, I order this writ petition

and direct the second respondent to take up Ext.P5 and

dispose of the same, after affording an opportunity of

being heard to the petitioner - either physically or

through video conferencing - thus culminating in an

appropriate order thereon, as expeditiously as is possible,

but not later than two months from the date of receipt of a

copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 17540 OF 2021

APPENDIX OF WP(C) 17540/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE MORTGAGE DEEDS NOS. 3067/1984 REGISTERED WITH CHALA SUB REGISTRAR OFFICE BY LATE S.KRISHNAMOORTHUI IN FAVOUR OF PARTNERS OF M/S. TVR FUNDS DATED 21.12.1984.

Exhibit P1(A) THE TRUE COPY OF THE MORTGAGE DEEDS NOS. 3068/1984 REGISTERED WITH CHALA SUB REGISTRAR OFFICE BY LATE S.KRISHNAMOORTHUI IN FAVOUR OF PARTNERS OF M/S. TVR FUNDS DATED 21.12.1984.

Exhibit P2 THE TRUE COPIES OF THE RECEIPTS EVIDENCING THE REMITTANCE OF THE LOAN AMOUNT BACK, DATED 25.04.1985 AND 02.05.1985.

Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY SUB REGISTRAR OF BIRTHS AND DEATHS, MUNICIPAL CORPORATION, THIRUVANANTHAPURAM DATED 07.09.2018.

Exhibit P4 THE TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO. E6,7317/19/DDS DATED 27.05.2019 ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM.

Exhibit P5 THE TRUE COPY OF THE REPRESENTATION DATED 15.07.2021 SUBMITTED BY THE PETITIONER ON BEHALF OF OTHER LEGAL HEIRS OF LATE S. KRISHNAMOORTHI, BEFORE 2ND RESPONDENT.