Kerala High Court
Soman Pillai vs Secretary on 21 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:87416
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946
WP(C) NO. 29695 OF 2024
PETITIONER:
SOMAN PILLAI
AGED 58 YEARS, S/O. GOVINDAN,
THENGIL KIZHAKKETHIL, THATHAMUNA MURI,
NOORANADU VILLAGE, MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690504.
BY ADVS.
ALEX K.JOHN
NINAN THOMAS
REENA JACOB
SRAYAS JOSEPH
REMYA MURALI
RESPONDENTS:
1 SECRETARY
NOORANADU SERVICE CO-OPERATIVE SOCIETY LTD
NO.1559, PADANILAM PO., NOORANADU MAVELIKKARA,
ALAPPUZHA, PIN - 690503.
2 DISTRICT COLLECTOR
ALAPPUZHA, COLLECTORATE
ALLAPUZHA, PIN - 688001.
W.P.(C)No.29695 of 2024
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3 JOINT REGISTRAR ALAPPUZHA (GENERAL)
CO-OPERATIVE SOCIETIES KERALA BANK
ALAPPUZHA, PIN - 688001.
4 ASSISTANT REGISTRAR(GENERAL)
CO-OPERATIVE SOCIETIES, CIVIL STATION,
MAVELIKKARA, PIN - 690101.
BY ADVS.
SRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SMT.MABLE C KURIAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.29695 of 2024
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2024:KER:87416
JUDGMENT
Dated this the 21st day of November, 2024
The petitioner obtained a loan from the Nooranadu
Service Co-operative Society Limited. A property was
mortgaged by deposit of Title Deed. The petitioner submits that
the Title Deed has been lost while it was in the custody of the
Co-operative Society.
2. Standing Counsel would submit that the Title
Deed was lost when an Administrative Committee was in
charge of the affairs of the Managing Committee.
3. Standing Counsel representing the
Co-operative Society further submitted that on 27.06.2024, the
Director Board of the Bank met to discuss the issue and it has
been decided that the petitioner's loan account can be closed if
the petitioner remits the outstanding amount, excluding the
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penal interest and 40% of the ordinary interest. On the
petitioner making payments as per Ext.P7 decision, the loan
account can be closed.
4. Counsel for the petitioner would submit that as
the original Title Deed was lost while it was in the custody of the
Co-operative Society, the respondents are compellable to
obtain and give a certified copy of the title deed to the
petitioner.
5. In the afore circumstances, the writ petition is
disposed of with the following conditions:-
i) The petitioner shall remit the amount
becoming due as per Ext.P7 in six equal and
consecutive monthly instalments. The first of
such instalments shall be paid on or before
16.12.2024.
ii) The respondents shall apply and obtain
a certified copy of the lost Title Deed from the
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office of the Sub Registrar, at their expense.
iii) The petitioner shall render all
assistance to the Bank to obtain the certified
copy, from the office of the Sub Registrar.
iv) The Bank will release the charge over
the property and Gahan, only after receiving the
entire amounts due under Ext.P7.
v) The petitioner will be at liberty to move
against appropriate person for any claim in
respect of the loss of Title Deed.
Sd/-
N. NAGARESH
JUDGE
ams
2024:KER:87416
APPENDIX OF WP(C) 29695/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT WHO IS THE DISTRICT
COLLECTOR, ALAPPUZHA TO THE JOINT
REGISTRAR (GENERAL), ALAPPUZHA DATED
12.05.2015
Exhibit P2 THE TRUE COPY OF THE LETTER ISSUED BY
THE 4TH RESPONDENT WHO IS THE ASSISTANT
REGISTRAR (GENERAL) MAVELIKKARA DATED
21.12.2023
Exhibit P3 THE TRUE COPY OF THE PHOTO OF THE
ADVERTISEMENT DISPLAYED IN THE
MATHRUBHOOMI DAILY DATED 11.02.2015
Exhibit P4 THE TRUE COPY OF THE LEGAL NOTICE
SUBMITTED BY THE PETITIONER THROUGH HIS
COUNSEL M.H.MUHAMMED BAIJU DATED
09.04.2024
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
05.06.2024 PRONOUNCED BY THIS HON'BLE
COURT IN W.P.(C).NO.19788/2024
Exhibit P6 THE TRUE COPY OF THE APPLICATION BY THE
PETITIONER HEREIN DATED 12.06.2024
BEFORE SECRETARY NOORANADU SERVICE CO-
OPERATIVE LTD
Exhibit P7 THE TRUE COPY OF THE REPLY LETTER DATED
03.07.2024 ISSUED BY 1ST RESPONDENT WHO
IS THE SECRETARY OF THE NOORANAD
SERVICE CO-OPERATIVE BANK LTD
