Kerala High Court
K.Musthafa Haji vs The Dy.General Manager on 4 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 37754 OF 2016
PETITIONER:
K.MUSTHAFA HAJI
AGED 65 YEARS
S/O.MOHAMMED HAJI, AGED 65 YEARS, RESIDING AT SHIRI
MUSNUS, HILL TOP, JASMINE ROAD, KARIMBAM P O,
TALIPARAMBA, KANNUR 670141.
BY ADVS.
SRI.A.K.ABDUL AZEEZ
SRI.IVANS C. CHAMAKKAL
RESPONDENTS:
1 THE DY.GENERAL MANAGER
THE FEDERAL BANK LIMITED, REGISTERED OFFICE,
FEDERAL TOWERS, ALUVA-683101.
2 THE FEDERAL BANK LIMITED
REGIONAL OFFICE, MAVOOR ROAD, MAVOOR ROAD,
KOZHIKODE-673016.
3 THE FEDRAL BANK LIMITED
TALIPARAMBA BRANCH, MARTINA SHOPPING CENTRE,
KANNUR-670141, REPRESENTED BY THE CHIEF MANAGER.
BY ADVS.
SRI.BINOY DAVIS
SRI.REJI GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.37754 OF 2016
2
JUDGMENT
The petitioner filed this Writ Petition seeking the
following reliefs:
" i) Issue a Writ of Manadamus or any other
appropriate writ, order or direction directing the
respondent Bank to release the title deeds vide
Regd.Gift Deed No.2718/1986 dated 16.09.1986,
Regd.Gift Deed No.2723/1986 dated 16.09.1986,
Regd.Jenm Deed No.50/1996 dated 02.01.1996,
Regd.Gift Deed No.185/1999 dated 23.01.1999
and Regd.Gift Deed No.3037/2000 dated
06.09.2000 forthwith with respect to the property
comprised in 30 ¼ cents of land in
Re.Sy.No.143/1 of Taliparamba Village pledged
with the 3rd respondent for the loan that is already
settled as certified in Ext.P1.
ii) Declare that the petitioner is entitled
to get the documents released for the settled loan
as certified in Ext.P1.
iii) Issue any other writ, order or direction
which this Honourable Court deems fit in the facts
and circumstances of the case."
2. According to the petitioner, he has settled the loan
liability with the 3rd respondent with respect to which the
documents mentioned above were deposited to create
WP(C) NO.37754 OF 2016
mortgage and that there is no other loan liability and that in
spite of repeated request on the part of the petitioner, the
respondents are not returning the titled deeds.
3. The learned counsel for the respondents submitted
that though loan liability is settled by the petitioner, the title
documents deposited by the petitioner were misplaced and
lost from the hands of the respondents and the same is
communicated to the petitioner through Ext.P3.
4. The learned counsel for the respondents that no
reliefs can be given in the writ petition since the respondents
do not come within the definition of State under Article 12 of
the Constitution of India. He cited the decision of the
Honourable Supreme Court in Federal Bank Ltd v. Sagar
Thomas [2003 (10) SCC 733] and the decision of this
Court in Electrotec Power Systems v. Manager, Federal
Bank [2023 KHC 9375] in support of the contention that
the Writ Petition is not maintainable against the 3rd
respondent Bank.
5. I find from the aforesaid decisions that in the said
cases the maintainability of the Writ Petition against the 3 rd
respondent is decided and I hold that the Writ Petition against
WP(C) NO.37754 OF 2016
the respondents is not maintainable in this Court. That apart,
going by the contentions revealed in the Writ Petition, the
remedy of the petitioner lies elsewhere and accordingly this
Writ Petition is dismissed.
Sd/-M.A.ABDUL HAKHIM
JUDGE
lsn
WP(C) NO.37754 OF 2016
APPENDIX OF WP(C) 37754/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DTD 1/1/2009
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P2 TRUE COPY OF THE LETTER DTD 9/5/2009
ISSUED BY THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DTD 15/1/2010
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE CERTIFIED COPIES OF
THE TITLE DEEEDS WITH RESPECT TO THE
PROPERTY IN RE.SY.NO.143/1 OF
TALIPARAMBA VILLAGE.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
