IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16924 of 2008(M)
1. C.P.THOMAS, AGED YEARS,
... Petitioner
Vs
1. STATE OF KERALA BY CHIEF SECRETARY,
... Respondent
2. THE PRINCIPAL SECRETARY REVENUE (S)
3. THE DISTRICT COLLECTOR, IDUPETAI.
4. THE SUB COLLECTOR, IDUKKI.
5. THE TAHSILDAR (REVENUE RECOVERY),
6. THE PRINCIPAL SECRETARY,
7. GENERAL MANAGER,
For Petitioner :SRI.N.ANILKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/08/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.16924 OF 2008
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Dated this the 28th day of August, 2008
JUDGMENT
The petitioner took margin money loan from the Industries
Department. He also obtained a loan from the Kerala Financial
Corporation. Now the entire amount has been repaid both under
the loan with the KFC and the margin money loan. In spite of the
same, the security documents for securing the repayment of the
margin money loan have not been released to the petitioner on
the ground that the petitioner has not paid collection charges.
The petitioner is willing to pay the collection charges also with
costs and expenses incurred by the department. On these
contentions the petitioner seeks the following reliefs:
“(i) To call for the records relating to exhibit P6
and quash the same by issuing a writ of certiorari.
(ii) Issue a writ mandamus or any other
appropriate writ order or direction, directing the
respondents to release petitioners property of 55 cents
in Re Sy. No.182/11 of Manakkad Village, Thodupuzha
Taluk (old survey No.731/2) to petitioner after receiving
the collection charges and expenses incurred by Revenue
Department, by passing necessary orders”.
W.P.(c)No.16924/08 2
2. I have heard the learned Government Pleader also.
I am of opinion that in so far as the petitioner is ready to pay
the amount demanded by the respondents, he cannot be
denied the relief of release of the security documents.
Accordingly, I dispose of this writ petition with a direction
to the respondents to see that the security documents of the
petitioner are released him, within a period of two weeks from
the date of receipt of the balance amounts due including
collection charges, which shall be intimated to the petitioner
within a period of one week from the date of receipt of a copy
of this judgment.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.16924/08 3