Vijayakumar .P vs State Of Kerala
2023 Latest Caselaw 9774 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                      WP(C) NO. 29165 OF 2023
PETITIONER:

             VIJAYAKUMAR .P
             AGED 67 YEARS
             FLAT NO.7D, BLOCK NO.A,
             PHOENIX APARTMENT, PIPE LINE ROAD,
             PADIVATTOM, PIN - 682021
             BY ADVS.
             AGINOV MATHAPPAN
             K.SHERIN MOHAN

RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
     2       THE SUB INSPECTOR OF POLICE
             APPLE A DAY PROPERTIES CASES,
             INVESTIGATION TEAM III, PALARIVATTOM POLICE
             STATION, KOCHI CITY - 682025
     3       THE MANAGER
             HDFC BANK LTD, RAVIPURAM,
             M.G ROAD, ERNAKULAM, PIN - 682016
             BY ADVS.
             AMBILY S - SC
             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)



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.09.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 29165 of 2023
                                  :2:


                      DEVAN RAMACHANDRAN, J.
                 =========================
                       W.P.(C).No. 29165 of 2023
                ==========================
               Dated this the 13th day of September, 2023

                             JUDGMENT

The petitioner seeks that 3rd respondent Bank be directed to

hand over the documents of title of his apartment - which were

earlier entrusted to create an equitable mortgage over it, while he

availed of a loan from them. He says that the loan account has been

closed and, therefore, that there is no justification for the 3 rd

respondent in continuing to hold on to the title documents in

question.

2. The afore submissions of Sri.Aginov Mathappan - learned

counsel for the petitioner, were opposed by the learned Standing

Counsel for the 3rd respondent - Smt.Ambily, saying that even though

the loan has been closed, her client is incapacitated from handing

over the title documents of the apartment in question to the

petitioner because of certain restrictions that have been placed by

the 2nd respondent - Sub Inspector of Police. She submitted that,

therefore, she leaves it to this Court to issue appropriate orders and

that her client will abide by the same.

3. Sri.Sunil Kumar Kuriakose - learned Government Pleader,

affirmed that there is an investigation into the apartment complex in

question, being done by the 2nd respondent; but that he will not stand W.P.(C).No. 29165 of 2023

in the way of the title documents being returned to the petitioner by

the Bank, provided he undertakes before this Court that he will

produce it, as and when required, before the investigating officer.

4. The learned counsel for the petitioner - Sri.Aginov

Mathappan, submitted that his client offers the afore undertaking;

and added that this can be recorded by this Court.

In the afore circumstances, I allow this writ petition in the

following manner:

(a) I record the undertaking of the petitioner that the

title documents in question will be produced before

the investigating officer, at his instructions, as and

when required.

(b) On the strength of the afore undertaking, I direct

the 3rd respondent to hand over the title documents to

the petitioner on proper receipt.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 29165 of 2023

APPENDIX OF WP(C) 29165/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.2305/2006 DATED 10.07.2006 Exhibit P2 LETTER ISSUED BY HDFC BANK, RAVIPURAM, ERNAKULAM DATED 16.08.2023