Kerala High Court
Jayalal D vs The Authorized Officer, State Bank Of ... on 3 July, 2025
WP(C) NO. 17042 OF 2025 1 2025:KER:48615
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3rd DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 17042 OF 2025
PETITIONER:
JAYALAL D., AGED 50 YEARS,
S/O DIVAKARAN, PALATHARA,THATTAMALA P.O,
KOLLAM, RESIDING AT "THIRUVONAM',
SANTHI NAGAR 297 A, AYATHIL P.O,
KOLLAM, PIN - 691021
BY ADVS. SRI.RAMEEZ NOOH
SHRI.AMIN ALI ASHRAF
SMT.FATHIMA K.
SHRI.DANIC ANTONY
SMT.SHAFNA SINU
RESPONDENT:
THE AUTHORIZED OFFICER, STATE BANK OF INDIA,
SARB, LMS COMPOUND,OPP. MUSEUM WEST GATE,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
PIN - 695033
BY ADV SHRI.M.JITHESH MENON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17042 OF 2025 2 2025:KER:48615
JUDGMENT
The writ petition is filed with the following prayers.
"(i) Issue a writ of mandamus or any other writ, order
or direction directing the respondent to permit the
petitioner to remit the overdue amount in A/c No
67262545416 and AC No 67334251506 to the respondents
in monthly installments.
(ii) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondent to
handover all the documents to the petitioner forthwith
on repayment of the loan amount in A/c No
67262545416 and AC No 67334251506 home loans.
(iii) Direct the respondent bank to treat the petitioner's
home-loan and business-loan facilities as distinct and
independent obligations, and to refrain from
consolidating or otherwise merging them and permit
the petitioner to settle the said loan liability separately
without clubbing them together.
(iv) pass such other orders as this Hon'ble Court deem
fit and proper in the facts and circumstances of the
case; and
(v) Award costs."
WP(C) NO. 17042 OF 2025 3 2025:KER:48615
2. The learned counsel for the petitioner submits that the
when the bank moved the Chief Judicial Magistrate, Kollam, by
filing M.C.No.367/2023, the following was stated in their
application.
"5. At the request of the counter petitioner, as Borrower
State Bank of India, Kilikollor Branch has granted a Home
loan 60 Lakhs and Rs. 4,17,645/- as the Funding of Home
Loan Insurance cover through in A/c No:67262545416 on
31.01.2014. Again on 24.8.2015 the loan has been top
upped by the counter petitioner by borrowing an amount
of Rs. 41,07,620/-through the account No. 67334251506.
Mean while the counter petitioner has closed the housing
loan and the remaining thing is only its Funding of
Home Loan Insurance cover. All the loan was granted by
the petitioner bank against an equitable mortgage over
the property of 02.84 Ares of land with all other
attachment comprised in Re-Survey No.423/5-2-1 block
No. 24, Vadakkevila village, Kollam Taluk, & Dist. covered
by Sale deed No. 398/2014 dated 10.02.2014 of SRO
Eravipuram registered in the name of counter petitioner
Jayalal D."
WP(C) NO. 17042 OF 2025 4 2025:KER:48615
3. The learned counsel for the petitioner submits that he
intends to close the Home Loan Insurance cover and the top-up
loan availed by him.
4. The learned Standing Counsel for the bank submits that the
amounts payable towards that are Rs.3,10,556.25/- and
Rs.26,94,331.9/- respectively, thus totalling to Rs.30,04,888.15/- as
on 09.06.2025. It is further stated that if the petitioner pays the
said amount with the applicable charges as on date, the Home Loan
Insurance cover and the Top-up loan can be closed.
5. The writ petition is accordingly disposed of, permitting
the petitioner to close the loan accounts mentioned above, namely
Home Loan Insurance Cover and the Top Up loan by paying
Rs.3,10,556.25/- and Rs.26,94,331.9/- respectively, along with the
applicable charges within six weeks from today. On the petitioner
remitting the above, as directed above, the bank will take such
steps to close the said loan accounts. The request of the petitioner
WP(C) NO. 17042 OF 2025 5 2025:KER:48615
for the release of the document will have to be considered by the
bank. In case an appropriate application in that regard is made, the
bank will pass orders in accordance with law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 17042 OF 2025 6 2025:KER:48615
APPENDIX OF WP(C) 17042/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE AFFIDAVIT AND PETITION
FILED BY THE RESPONDENT BEFORE THE
CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
AS MC NO. 367/2023 DATED NIL/5/2023
Exhibit P2 TRUE COPY OF THE ORDER IN MC
NO.367/2023 DATED 7.8.2023 ISSUED BY
THE CHIEF JUDICIAL MAGISTRATE, KOLLAM
Exhibit P3 TRUE COPY OF THE NOTICE DATED
30.09.2023 ISSUED BY THE ADVOCATE
COMMISSIONER
Exhibit P4 TRUE COPY OF THE ORDER DATED 02.11.2023
OF THE DEBT RECOVERY TRIBUNAL,
ERNAKULAM IN S.A. NO. 610/2023
Exhibit P5 TRUE COPY OF THE ORDER DATED 23.09.2024
OF THE DEBT RECOVERY TRIBUNAL,
ERNAKULAM
Exhibit P6 A TRUE COPY OF THE POSTAL RECEIPT DATED
31.05.2025 AND ACKNOWLEDGMENT
Exhibit P7 TRUE COPY OF THE LETTER VIDE LETTER NO.
SARB/TVM/SAL/MS/685/2025-26 DATED
05.06.2025 ISSUED BY THE RESPONDENT
BANK TO THE PETITIONER
RESPONDENT'S ANNEXURES
ANNEXURE 1 TRUE COPY OF THE JUDGMENT ISSUED BY
THIS HON'BLE COURT IN WP(C). NO.
33792/2023 DATED 18.10.2023
ANNEXURE 2 TRUE COPY OF THE JUDGMENT ISSUED BY
THIS HON'BLE COURT IN OP(DRT) NO.
498/2023 DATED 05.12.2023
WP(C) NO. 17042 OF 2025 7 2025:KER:48615
ANNEXURE 3 TRUE COPY OF THE ORDER PASSED BY THE
DRT-2 IN I.A NO.3747/2023 IN S.A NO.
657/2023 DATED 09.01.2024 (AS AVAILABLE
IN THE WEBSITE)
ANNEXURE 4 TRUE COPY OF THE JUDGMENT ISSUED BY
THIS HON'B0LE COURT IN WP(C)
NO.16628/224 DATED 07.05.2024.
// TRUE COPY //
P.A. TO JUDGE
