Joy Mathew vs State Of Kerala
2023 Latest Caselaw 7693 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                      WP(C) NO. 17438 OF 2023
PETITIONER:

             JOY MATHEW, AGED 53 YEARS, SON OF MATHAI,
             PALLITHAZHATH HOUSE, KULAPPARACHAL HOUSE,
             RAJAKUMARI VILLAGE, RAJAKUMARI SOUTH
             MURIKKUMTHOTTY, IDUKKI DISTRICT, PIN - 685619
             BY ADVS.
             JOSE TOM C. KANDATHIL
             MATHAI K.C.


RESPONDENTS:

     1       STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
             GOVT. OF KERALA, GOVT. SECRETARIAT,
             THIRUVANANTHAPURAM, KERALA, PIN - 695001
     2       THE SPECIAL TAHSILDAR
             R.R, REVENUE RECOVERY OFFICE, NEDUMKANDAM, IDUKKI
             DISTRICT, PIN - 685553
     3       THE MALANAD CO-OPERATIVE AGRICULTURAL & RURAL
             DEVELOPMENT BANK LTD., BANK NO. K.352, REPRESENTED
             BY ITS MANAGER, RAJAKUMARY BRANCH, NEDUMKANDAM
             POST, IDUKKI DISTRICT, PIN - 685553
             BY ADVS.
             V.H JASMINE V.H.
             SHIJI P.S.(KAR/1411/1999)
             THASNIMOL T.S.(K/1561/2022)
             BINESH P. BABY(K/000432/2023)
             SUHAIL MARIKAR(K/1726/2023)
             ADV.SYAMANTAK B S, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 w.p(c).No.17438/2023                        2


                   P. V. KUNHIKRISHNAN, J.
                -------------------------------------------
                    W.P(C) No. 17438 of 2023
                -------------------------------------------
               Dated this the 14th day of July, 2023

                                 JUDGMENT

The above writ petition is filed with the following prayers:

i) To issue a writ of mandamus or any other writ order or direction directing the 3 rd respondent to return the title deeds pledged with the 3rd respondent by the petitioner at the time of taking loan by the writ petitioner.

ii) Issue such other appropriate writ or direction as this Honourable Court deems fit and necessary in the interest of justice.

When this writ petition came up for consideration, learned

counsel for the 3rd respondent submitted that the documents will be

returned immediately. If that is the case, this writ petition can be

disposed of with the following direction:

The 3rd respondent is directed to return the title deeds pledged by the petitioner forthwith, at any rate, within 3 weeks from the date of receipt of a copy of this judgment.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 17438/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD PASSED BY THE KERALA STATE FARMERS DEBT RELIEF COMMISSION DATED 19/04/2022 Exhibit P2 THE TRUE COPY OF THE LOAN RECEIPT NO.

00010 DATED 29/3/2023 ISSUED BY THE THIRD RESPONDENT Exhibit P3 THE TRUE COPY OF THE LOAN RECEIPT NO.

00014 DATED 29/3/2023 ISSUED BY THE THIRD RESPONDENT Exhibit P4 THE TRUE COPY OF THE LOAN RECEIPT NO.

00016 DATED 29/3/2023 ISSUED BY THE THIRD RESPONDENT Exhibit P5 THE TRUE COPY OF RECEIPT ISSUED BY SPECIAL VILLAGE OFFICER, RAJAKUMARI DATED 29/03/2023