A.G.Raj vs Inspector Of Police
2023 Latest Caselaw 9328 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                         WP(C) NO. 4943 OF 2021
PETITIONERS :


    1       A.G.RAJ,
            AGED 50 YEARS, S/O. A.GOPALAKRISHNAN,
            BABY NIVAS, EDAPPALLY.P.O.,
            KOCHI - 682 024

    2       VRINDA.V.MOHAN,
            AGED 50 YEARS, W/O. A.G.RAJ, BABY NIVAS,
            EDAPPALLY.P.O., KOCHI - 682 024

            BY ADV T.K.VIPINDAS


RESPONDENTS :


    1       INSPECTOR OF POLICE,
            ERNAKULAM TOWN NORTH, KOCHI CITY,
            KOCHI, PIN - 682 018

    2       THE MANAGER, HDFC LTD,
            1ST FLOOR, L AND K TOWER,
            PALARIVATTOM, ERNAKULAM, KOCHI,
            PIN - 682 024

    3       THE STATION HOUSE OFFICER,
            PALARIVATTOM POLICE STATION,
            ERNAKULAM, PIN - 682 024

            BY ADVS.
            Ambily S
            RUPA R. NAIR(K/001021/2023)
            RUBAN JOE TONIYO(K/002926/2022)
            MATHEW JOSEPH BALUMMEL(K/001219/2019)
            K.K.CHANDRAN PILLAI (SR.)(C-41)

            BY SRI.NOUSHAD K.A., PUBLIC PROSECUTOR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :
 WP(C) NO. 4943 OF 2021
                                      2



                    BECHU KURIAN THOMAS, J.
                     =-=-=-=-=-=-=-=-=-=-=-=-=
                     W.P.(Crl) No.4943 of 2021
                     =-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 25th day of August, 2023


                                JUDGMENT

This writ petition is filed seeking the following reliefs :-

i. Issue a writ in the nature of mandamus or any other appropriate writ directing the respondents 1 to 3 not to prohibit 2nd respondent from handing over the original of Ext.P2 to the petitioners.

ii. Issue a writ in the nature of mandamus or any other appropriate writ directing the respondents 1 and 2 to return the original of Ext.P2 sale deed to the petitioner forthwith.

iii. Allow this writ petition with costs.

2. Petitioners had taken a loan from the 2 nd respondent by

mortgaging their title deeds for purchasing an apartment. Subsequently,

a criminal complaint was filed by the petitioners against the builder.

Based on the said complaint, the Investigating Officer seized the title

deeds deposited by the petitioners with the 2 nd respondent. In the

meantime, petitioners closed the loan account by repaying the entire

amounts borrowed and therefore, the 2 nd respondent became obligated to

return the title deeds. They were unable to do so since the documents

were already seized by the police.

WP(C) NO. 4943 OF 2021

3. In the meantime, the seized documents were returned to the 2 nd

respondent by the police with an undertaking that they shall produce the

title deeds as and when called for. According to the 2 nd respondent, they

were unable to return the title deeds to the petitioners, despite closure of

the loan, because of the said undertaking given to the police.

4. The learned Public Prosecutor, upon instructions submitted that

the accused against whom petitioners had given the complaint was

discharged in C.C.No.1204 of 2016 before the Judicial First Class

Magistrate's Court-9, Ernakulam on 08.06.2022.

5. Since the accused has already been discharged in the complaint

filed by the petitioners, the need to retain title deeds by the 2 nd

respondent no longer remains. In fact, the 2 nd respondent has already

filed a statement pointing out that they are ready to hand over the title

deeds to the petitioners.

6. In view of the above, the 2 nd respondent shall return the title

deeds to the petitioners, within two weeks from today.

The writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS, JUDGE

RKM WP(C) NO. 4943 OF 2021

APPENDIX OF WP(C) 4943/2021

PETITIONERS' EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE AGREEMENT FOR SALE OF UNDIVIDED SHARE DATED 12.12.2007

EXHIBIT P1A TRUE COPY OF THE AGREEMENT FOR CONSTRUCTION OF APARTMENT DATED 12.12.2007

EXHIBIT P2 TRUE COPY OF THE SALE DEED BEARING NO.600/2008 OF MARADU SRO

EXHIBIT P3 TRUE COPY OF FOR IN CRIME NO.985/2011 ALONG WITH PRIVATE COMPLAINT

EXHIBIT P4 TRUE COPY OF FINAL REPORT IN CRIME NO.985/2011

EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 5.4.2019 ISSUED BY 1ST PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P6 THE REPLY E-MAIL DATED 10.4.2019 ISSUED ON BEHALF OF THE 2ND RESPONDENT

EXHIBIT P7 TRUE COPY OF THE E-MAIL DATED 10.4.2019 ISSUED BY THE PETITIONER TO 2ND RESPONDENT DATED 10.4.2019

EXHIBIT P8 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 11.4.2019 ISSUED BY 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF THE - EMAIL COMMUNICATION DATED 11.4.2019