Kerala High Court
Ambili A.S vs State Of Kerala on 12 August, 2025
WA NO. 919 OF 2024
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2025:KER:60779
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 12TH DAY OF AUGUST 2025 / 21ST SRAVANA, 1947
WA NO. 919 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 20.09.2023 IN WP(C) NO.4466
OF 2021 OF HIGH COURT OF KERALA
APPELLANT:
AMBILI A.S.,
AGED 59 YEARS
W/O.SHYAMALAN,ROHINI, AKNRA-D32, 9/327, AYYAPPANKAVU
NAGAR, KILIMANOOR, THIRUVANANTHAPURAM., PIN - 695601
BY ADVS.
SHRI.GEORGE SEBASTIAN
SRI.K.RAJENDRAN CHETTIAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM.,
PIN - 695001
3 THE PRINCIPAL ACCOUNTANT GENERAL (A& E) KERALA,
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A& E)
KERALA, THIRUVANANTHAPURAM., PIN - 695036
4 THE DEPUTY DIRECTOR OF EDUCATION,SUSHRUT ARVIND
DHARMADHIKARI
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
THIRUVANANTHAPURAM., PIN - 695001
5 THE SUB REGISTRAR,
OFFICE OF THE SUB REGISTRAR, KILIMANOOR,
THIRUVANANTHAPURAM., PIN - 695601
BY ADV GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.08.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
SUSHRUT ARVIND DHARMADHIKARI,J
The present Writ Appeal under Section 5 of the Kerala High
Court Act, 1958 has been filed challenging the judgment dated
20.09.2023 passed in WP(C) No.4466/2021 whereby the learned
Single Judge has disposed of the Writ Petition with certain directions.
2. The brief facts of the case are that the appellant
was an employee of the State who had submitted the title deeds of
the property with the respondents for the creation of equitable
mortgage for a home loan. The case of the appellant is that despite
paying the entire dues, the title deeds are not being returned to her.
3. The learned Single Judge by impugned judgment
dated 20.09.2023 has directed to return the title deeds to the
appellant within a period of two months or in the alternative to
make available authenticated certified copies of the same with
adequate endorsements thereon. The appellant being aggrieved
with such a direction had challenged the same in this Writ Appeal on
the ground that because of the alternative directions given to the
State authorities, they would not return the original documents.
4. Per contra, the learned Senior Government Pleader
appearing for the State contended that in spite of their best efforts,
the respondents were unable to trace the said documents. This
Court had granted ample opportunities to the respondents to trace
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the documents. However, no documents could be traced. Therefore,
vide order dated 24.06.2025, this Court directed the respondent-
State to file a fresh affidavit of the Director General of Education
clearly disclosing that whether any due enquiry was conducted and
how the documents have gone missing and whether any personal
liability has been fixed on the person concerned. In compliance
thereof, the respondents have filed an additional affidavit dated
29.07.2025. In the affidavit, it is categorically stated that the
documents have been destroyed due to termite infestation for which
due report has been prepared. Thereafter, in compliance of the
judgment of the learned Single Judge, the certified copy of the
documents have been prepared. Number of letters were sent to the
appellant to collect the same but she has not yet responded. The
true copy of the communication dated 24.02.2025 has also been
annexed along with the affidavit. In view of the aforesaid, the
learned counsel for appellant has no objection in directions being
issued to collect the certified copy of the documents available with
the respondents.
5. In view of the aforesaid, the appellant is directed to
appear before the 5th respondent Sub Registrar, Kilimanoor at 11 am
on 25.08.2025 in the office of the Sub Registrar to collect the
certified copies of the document after due verification. The 5 th
respondent is directed to hand over the certified copies of the
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documents including no due certificate and release of mortgage. In
case the 5th respondent is not available on that date, another date
and time shall be fixed by the concerned authority and inform the
appellant accordingly. No further time shall be granted to either of
the parties.
With the aforesaid directions, this Writ Appeal is disposed
of.
SD/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
SD/-
SYAM KUMAR V.M.
JUDGE
Nsd
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RESPONDENT ANNEXURES
Annexure R2(a) A true copy of the letter dated 08.04.2016
addressed to the 4t respondent with
translation
Annexure R2(b) True copy of the report undated submitted by
the Deputy Director of Education with
translation
Annexure R2(d) True copy of the Unofficial Note dated
17.05.2019 of the Deputy Director of
Education with translation
Annexure R2(e) True copy of the communication dated
24.04.2020 of the Director of Public
Instruction to the Deputy Director of
Education with translation
Annexure R2(f) True copy of the communication dated
19.02.2020 to the Director of Public
Instruction from the Deputy Director of
Education with translation
Annexure R2(g) True copy of the communication dated
18.12.2020 to the Deputy Director with
teranslation
Annexure R2(h) True copy of the order No. DGE/17483/2023-L1
dated 15.11.2023 of the Director General of
Education
Annexure R2(i) True copy of the release deed redeeming the
mortgage deed
Annexure R2(j) True copy of the communication dated
24.02.2025 with translation.
Annexure R2(c) True copy of the unofficial note of the
accounts officer of the office of the Deputy
Director of Education dated 10.12.2018 with
translation
