Kallar Harikumar vs Kerala State Financial ...
2023 Latest Caselaw 11066 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                       WP(C) NO. 29007 OF 2023
PETITIONERS:

    1     KALLAR HARIKUMAR, AGED 56,
          S/O.CHELLAPAN PILLAI, TC 19/9,
          MANI MANDIRAM, THIRUMALA,
          THIRUVANANTHAPURAM, PIN - 695006.

    2     LALITHA K HARIKUMAR, AGED 50,
          W/O KALLAR HARIKUMAR, TC 19/9,
          MANI MANDIRAM, THIRUMALA,
          THIRUVANANTHAPURAM, PIN - 695006.

          BY ADVS.
          VISHNU BHUVANENDRAN
          B.ANUSREE


RESPONDENT:

          KSFE VAZHUTHACADU BRANCH,
          1ST FLOOR, CENTRE PLAZA BUILDING,
          VAZHUTHACAUD, THIRUVANANTHAPURAM,
          KERALA - 695014.
          REPRESENTED BY BRANCH MANAGER.

          BY ADV
          P.PRIJITH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29007 OF 2023
                             -2-

                         JUDGMENT

The petitioners say that, even though they

have discharged the liability to the respondent

- Kerala State Financial Enterprises Limited

(KSFE), they are refusing to return the Title

Deeds of the property, which had been equitably

mortgaged by them as security.

2. Sri.P.Prijith - learned Standing Counsel

for the KSFE, on the other hand, submits that

there are other liabilities due from the

petitioners; and that KSFE intends to proceed

against the same property, which is covered by

the Title Deeds in question.

3. However, to a pointed question from this

Court, Sri.P.Prijith conceded that his client

does not obtain any legal right to hold on to

the title documents of the property; but prayed

that this Court reserve liberty to his client to

proceed against it in terms of law, which he WP(C) NO. 29007 OF 2023

says that they have already done, through an

appropriate alternative Forum.

Taking note of the afore submissions, I

order this writ petition and direct the

respondent to handover the title documents in

question to the petitioners on proper receipt;

however, leaving them every other liberty, as

may be available to them in law, to proceed

against the property, subject to the defences to

be impelled by the petitioners. This shall be

done by the respondent, as expeditiously as is

possible, but not later than two weeks from the

date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 29007 OF 2023

APPENDIX OF WP(C) 29007/2023

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, BALARAMAPURAM IN CONNECTION WITH CHITTY NO.46/2012

EXHIBIT-P2 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, BALARAMAPURAM IN CONNECTION WITH CHITTY NO.17/2013

EXHIBIT-P3 TRUE COPY OF THE LETTER ISSUED BY THE BRANCH MANAGER, BALARAMAPURAM IN CONNECTION WITH CHITTY NO.33/2013

EXHIBIT-P4 TRUE COPY OF AN ORDER OF WITHDRAWAL OF ATTACHMENT FROM THE SPECIAL DEPUTY THAHSILDAR (REVENUE RECOVERY), KSFE LTD, THIRUVANATHAPURAM DATED 27.10.2021

EXHIBIT-P5 TRUE COPY OF THE LETTER DATED 05.11.2021 ISSUED BY BRANCH MANAGER, BALARAMAPURAM.

EXHIBIT-P6 TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT DATED 10.11.2021

EXHIBIT-P7 TRUE COPY OF THE LETTER DATED 10.11.2021 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER

EXHIBIT-P8 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY SHRI ANANTHKRISHNAN C.D BEFORE THE RESPONDENT.

EXHIBIT-P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE FINANCE MINISTER, STATE OF KERALA WP(C) NO. 29007 OF 2023

EXHIBIT-P10 TRUE COPY OF THE REPLY LETTER OF THE ADDITIONAL CHIEF SECRETARY TO THE 1ST PETITIONER