Rajesh S vs Registrar Of Co-Operative Societies
2024 Latest Caselaw 26951 Ker

Kerala High Court

Rajesh S vs Registrar Of Co-Operative Societies on 6 September, 2024

WP(C) No.31473/2024                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
                Friday, the 6th day of September 2024 / 15th Bhadra, 1946

                                 WP(C) NO. 31473 OF 2024


   PETITIONERS:


      1. RAJESH S., AGED 53 YEARS, S/O SIVASANKARAN NAIR, UTHRITTATHI,
         PATTAZHY P.O., PATTAZHY, KOLLAM DISTRICT, PIN - 691522
      2. MANJU R., AGED 50 YEARS, W/O RADHAKRISHNAN PILLAI, KRISHNA BHAVAN,
         KARAVALOOR P.O., KOLLAM DISTRICT, PIN - 691333
      3. RASHEED, AGED 50 YEARS, S/O SYED MASOOD, MURUPPEL
         PUTHENVEEDU, MALOOR P.O.,PATTAZHY, KOLLAM DISTRICT, PIN - 689695
      4. RAMSIYA N., AGED 46 YEARS, W/O RASHEED, MURUPPEL
         PUTHENVEEDU, MALOOR P.O., PATTAZHY, KOLLAM DISTRICT, PIN - 689695

   RESPONDENTS:

      1. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-
         OPERATIVE SOCIETIES, JAGATHY, THIRUVANANTHAPURAM DISTRICT, PIN -
         695014
      2. THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LIMITED NO. 4330
         (HOUSEFED), HEAD OFFICE BUILDING, KALOOR, KOCHI, REPRESENTED BY ITS
         MANAGING DIRECTOR, PIN - 682013
      3. THE PATHANAPURAM BLOCK HOUSING CO-OPERATIVE SOCIETY LIMITED NO. Q456
         PUNALUR P.O., KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -
         691305


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct respondents 2 and 3 to release the title deeds/
   documents pertaining to the petitioners which are mortgaged with the 3rd
   respondent society, as collateral security, in connection with the housing
   loans availed by the petitioners and to issue loan clearance certificates
   to the petitioners, pending disposal of this Writ Petition [Civil].


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. ARUN CHANDRAN, AMRITA ARUN & ASWATHY S. MENON, Advocates for the
   petitioners and of the GOVERNMENT PLEADER for respondent 1, the court
   passed the following:

                                          ORDER

The petitioners point out that their title deeds are being retained by respondents 2 and 3 and the issue is already covered by Exhibit P4 judgment of this court.

Issue urgent notice before admission by speed post to respondents 2

and 3. The learned Government Pleader takes notice for the 1st respondent.

Post on 27.09.2024.

Sd/- HARISANKAR V. MENON, JUDGE

06-09-2024 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 31473/2024 Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WRIT PETITION [CIVIL] NO. 22167 OF 2024, DATED 31.07.2024, DIRECTING RESPONDENTS 2 AND 3 THEREIN TO RELEASE THE TITLE DEEDS IN RESPECT OF THE PETITIONERS THEREIN