High Court Kerala High Court

S.Abhilash vs The Managing Director on 17 August, 2010

Kerala High Court
S.Abhilash vs The Managing Director on 17 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 901 of 2007(Y)


1. S.ABHILASH, S/O. LAKSHMANAN,
                      ...  Petitioner

                        Vs



1. THE MANAGING DIRECTOR,
                       ...       Respondent

2. THE BRANCH MANAGER,

3. THE SPL. DEPUTY TAHASILDAR (RR)

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :SRI.SHIRAZ ABDULLA

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :17/08/2010

 O R D E R
                          S.SIRI JAGAN, J.
                 ---------------------------------------------
                    W.P.(C).No. 901 of 2007
                 ---------------------------------------------
            Dated this the 17th day of August, 2010

                           J U D G M E N T

The petitioner filed OS No.616/2003 before the Sub

Court, Ernakulam, for specific performance of an

agreement for sale of the properties covered by Exhibit P2

sale deed between the petitioner and one Treesa Jojy. The

suit was decreed in favour of the petitioner consequent to

which the Court caused to execute Exhibit P2 sale deed in

respect of the property in favour of the petitioner which has

been duly registered with Edappilly Sub Registrar’s Office.

Subsequently, when the petitioner came to understand that

the original of the prior deed has been deposited with the

Kerala State Financial Enterprises Limited as a security for

loan amounts due from the said Treesa Jojy to the KSFE,

the petitioner approached the KSFE for return of the

documents. They refused to part with the title deed on the

ground that they have a first charge over the property in so

W.P.(C).No. 901 of 2007 2

far as the charge itself was created prior to the agreement

for sale between the petitioner and the said Treesa Jojy. It is

in the above circumstances the petitioner has filed this writ

petition seeking the following reliefs:

i. call for records connecting Exts.P-1 to P-8 and
quash Ext.P-8 order issued by the 1st respondent,
by issuing a writ of certiorari;

ii. issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents
to release the basic title deed No.6137/1995 of
SRO., Edappally and connected documents to the
petitioner forthwith;

iii. Issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents
not to proceed against the property of the
petitioner covered by Ext.P-2 for recovery of
arrears if any due from Smt. Treesa Joji, the former
owner of the said property

2. The respondents have filed a counter affidavit

opposing the prayers in the writ petition on the ground that

they have a first charge in respect of the property.

3. I need not consider the contentions of the petitioner

on merits, since the petitioner has now chosen to pay all

the amounts due to KSFE from the said Treesa Jojy. To

prove the same the petitioner has produced Exhibit P9

receipts for payment of amounts due to the KSFE. The

W.P.(C).No. 901 of 2007 3

learned standing counsel for the KSFE also agrees that the

entire amounts due in respect of the charge in favour of the

KSFE has already been paid off and there is no subsisting

charge on the property in favour of the KSFE.

Accordingly, the writ petition is disposed of with a

direction to the respondents to return the title deeds of the

property covered by Exhibit P2 to the petitioner as

expeditiously as possible, at any rate, within a period of one

month from the date of receipt of a copy of this judgment.

In the peculiar facts of the case, it would be open to the

KSFE to consider the representation filed by the petitioner

seeking OTS benefits commenced notwithstanding the fact

that the petitioner has paid the amount.

S.SIRI JAGAN, JUDGE.

rkc