Asharaf P.M vs State Of Kerala
2024 Latest Caselaw 13960 Ker

Kerala High Court

Asharaf P.M vs State Of Kerala on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                        WP(C) NO. 42601 OF 2023


PETITIONER:

             ASHARAF P.M., AGED 46 YEARS, S/O MOIDEEN KUTTY,
             PADINJARE PEEDIKAYIL (H), PANJAL P.O, SREEPUSHKARAM
             (VIA), THALAPPALLY TALUK, THRISSUR- 679531.,
             PIN - 679531

             BY ADVS.
             ABDUL JALEEL.A
             M.A.SULFIA


RESPONDENTS:

    1        STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER,
             HIGH COURT OF KERALA, PIN - 682031

    2        THE SPECIAL SALE OFFICER, THALAPPILLY TALUK PRIMARY
             CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
             BANK LTD NO. 1354, VADAKANCHERY, THRISSUR-678683,
             PIN - 678683

    *3       SECRETARY, THALAPPILLY TALUK PRIMARY CO-OPERATIVE
             AGRICULTURAL & RURAL DEVELOPMENT BANK LTD
             NO.R1354, WADAKKENCHERY
             (ADDL R3 IS IMPLEADED AS PER ORDER IN IA NO.1/2024
             DATED 28.05.2024)

             BY ADV
             SRI.DILIP J. AKKARA (R2 & R3)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 42601/23
                                     2

                           JUDGMENT

When this matter was called today, the learned Standing

Counsel for the respondent-Bank - Sri.Dilip J. Akkara, submitted

that the loan liability of the petitioner has been fully paid off and

that the title documents can be released to him on receiving a

proper application.

2. Smt.M.A.Sulfia - learned counsel for the petitioner,

acceded to the afore suggestion.

Recording the afore submissions of the learned Standing

Counsel for the Bank, I dispose of this Writ Petition; with a

consequential liberty being reserved to the petitioner to approach

the Bank with an appropriate application to return the title

documents, which shall then be acceded to by them, as per law

and after following due procedure, without any avoidable delay.

Sd/-

RR                                       DEVAN RAMACHANDRAN
                                               JUDGE



               APPENDIX OF WP(C) 42601/2023

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE SAID NOTICE DATED
                    29/11/2023
Exhibit P2          TRUE COPY OF PAYMENT RECEIPT ISSUED BY
                    2ND RESPONDENT DATED 14/09/2023