Kerala High Court
Sameera V.P vs The Assistant Registrar Of ... on 6 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 8115 OF 2024
PETITIONERS:
1 SAMEERA V.P, AGED 56 YEARS
D/O. MOIDUTTY HAJI, VALIYAPEEDIKAKKAL HOUSE,
ARAKKUPARAMBU P.O, MALAPPURAM DISTRICT, PIN - 679322
2 BABY SHAHIN, AGED 49 YEARS
D/O. MOIDUTTY HAJI, VALIYAPEEDIKAKKAL HOUSE,
ARAKKUPARAMBU P.O, MALAPPURAM DISTRICT, PIN - 679322
3 FATHIMA SERIN V.P, AGED 53 YEARS
D/O. MUHAMMEDKUTTY HAJI, VALIYAPEEDIKAKKAL HOUSE,
ARAKKUPARAMBU P.O, MALAPPURAM DISTRICT, PIN - 679322
4 MUHAMMAD FAIZY
AGED 55 YEARS
S/O. MUHAMMEDKUTTY HAJI, VALIYAPEEDIKAKKAL HOUSE,
ARAKKUPARAMBU P.O, MALAPPURAM DISTRICT, PIN - 679322
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), PERINTHALMANNA
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), PERINTHALMANNA P.O, MALAPPURAM
DISTRICT, PIN - 679322
2 THE PERINTHALMANNA CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK
H.O P.B. NO.20, PERINTHALMANNA, MALAPPURAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 679322
BY ADVS.
V KRISHNA MENON
J.SURYA(K/1007/2005)
SRI V KRISHNA MENON-R2;
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8115 OF 2024
2
JUDGMENT
The petitioners say that a loan availed of
by now deceased Ramayyan Chettiar was repaid in
the year 1985 by them because, prior to it, they
had purchased the property from the said person.
They say that, however, the registered Mortgage
Deed No.1666/1978 of the SRO, Melattur is still
in force because, the bank has not executed the
Release Deed; and that this is now causing them
prejudice. They, therefore, pray that the 2nd
respondent be directed to execute a Release Deed
in their favour, qua the afore Mortgage Deed.
2. However, Sri.V.Krishna Menon - learned
Standing Counsel for respondent No.2, affirmed
that there is no liability subsisting to his
client from any of the parties; but that, since
Ramayyan Chettiar is now no more, they cannot
WP(C) NO. 8115 OF 2024
execute a Release Deed in favour of the
petitioners since, he is only a purchaser
pending the mortgage. He submitted that,
however, if this Court is so inclined, the bank
can execute the release documents in favour of
the original owner, which the petitioners can
use in any manner that they are advised.
3. I have no doubt that the bank does not
have a any privity with the petitioners; and
that any document can be executed to release the
mortgage, only in favour of the original owner.
4. That said, it is not in the interest of
the bank also that the Mortgage Deed should be
kept in alive, when there is no liability on the
property. In fact, this is acceded to by
Sri.V.Krishna Menon also.
In the afore circumstances, I allow this
Writ Petition and direct the 2nd respondent to
WP(C) NO. 8115 OF 2024
execute necessary Release document, qua Mortgage
Deed No.1666/1978 of SRO, Melattur, within a
period of one month from the date of receipt of
a copy of this judgment. The petitioners will be
at liberty to obtain a certified copy of the
said document, if they are so advised and to
deal with it in any manner, including by
approaching the competent Courts for proper
declarations as required.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 8115 OF 2024
APPENDIX OF WP(C) 8115/2024
PETITIONERS' EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE REGISTERED SALE DEED NO.
2822/1983 OF THE SRO, MELATTUR DATED
24.10.1983.
Exhibit-P2 A TRUE COPY OF THE REGISTERED SALE DEED NO.
3862/2007 OF THE SRO, MELATTUR DATED
24.07.2007.
Exhibit-P3 A TRUE COPY OF THE CERTIFICATE DATED
09.11.2023 ISSUED BY THE 2ND RESPONDENT BANK.
Exhibit-P4 A TRUE COPY OF THE REPRESENTATION DATED
21.02.2024 SUBMITTED BY THE PETITIONERS BEFORE
THE FIRST RESPONDENT ALONG WITH RECEIPT.
