2025:KER:28038 WP(C) NO. 7188 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 7188 OF 2025 PETITIONER/S: AISWARYA MATHEW, AGED 32 YEARS D/O. MATHEW THOMAS, PUTHUKULANGARA HOUSE, POOZHIKOL P.O, KADUTHURUTHY VILLAGE, VAIKOM TALUK, ERNAKULAM DISTRICT, PIN - 686604 BY ADV GAJENDRA SINGH RAJPUROHIT RESPONDENT/S: 1 THE MANAGER, KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.K-3999, HEAD OFFICE: KADUTHURUTHY, KOTTAYAM DISTRICT., PIN - 686604 2 THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.K-3999 HEAD OFFICE: KADUTHURUTHY, KOTTAYAM DISTRICT REPRESENTED BY CHIEF EXECUTIVE OFFICER, PIN - 686604 3 THE REGIONAL MANAGER KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.K-3999, HEAD OFFICE: KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686604 BY ADVS. RENJITH.R NAIR ANJU MOHAN(K/916-D/2000) SRI. REJITH R. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28038 WP(C) NO. 7188 OF 2025 2 JUDGMENT Petitioner is the daughter of late Mathew Thomas, who passed away on 15.02.2025. According to the petitioner, the petitioner along with her father had obtained a loan from the respondent bank, which was secured by mortgaging 16.19 ares of property situated in Sy. No.480/1 of Kaduthuruthy village, Vaikom Taluk. According to the petitioner, the petitioner intends to sell out certain property belonging to her late father and settle the liability with the respondent bank and for this purpose, the petitioner required a ‘No Objection Certificate’ from the respondent bank . It I the case of the petitioner that such certificate is required as the mortgaged property is part of a larger extent of property that is not mortgaged. 2. Learned counsel appearing for the respondent bank submits that the petitioner by herself may not be entitled to a ‘No Objection Certificate’, as sought for. It is submitted that, the present overdue amount in the loan account which is subject matter of the writ petition is Rs.6,90,876/-. It is submitted that, the mother of the petitioner and the brother of the petitioner are having separate loans with the respondent bank. It is submitted that, if the application for ‘NO Objection Certificate’ is to be 2025:KER:28038 WP(C) NO. 7188 OF 2025 3 considered, the same has to be made by all the legal heirs of late Mathew Thomas and not by the petitioner alone, since the mortgaged property belongs to late Mathew Thomas. It is submitted that, if such an application is made, the competent Authority of the respondent bank can consider the same. 3. Learned counsel appearing for the petitioner submits that the petitioner will obtain a legal heirship certificate and make an application for issuance of ‘No Objection Certificate’ along with other legal heirs of late Mathew Thomas. 4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, the writ petition will stand disposed of, directing that if the petitioner were to make an application for ‘No Objection Certificate’ to sell any property [that has not been mortgaged to the bank] along with other legal heirs and also produces a legal heirship certificate (showing the name of legal heirs of late Mathew Thomas), the same shall be considered by the competent Authority of the respondent bank, and a ‘No Objection Certificate’ for sale of the property (which is not mortgaged to the bank) shall be issued, if there is no other legal impediment in doing so. If the petitioner requests for a copy of the document of 2025:KER:28038 WP(C) NO. 7188 OF 2025 4 title, which has been deposited with the respondent bank, a photocopy of the document of title shall also be issued to the petitioner. The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt 2025:KER:28038 WP(C) NO. 7188 OF 2025 5 APPENDIX OF WP(C) 7188/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.01.2025 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.01.2025 Exhibit P3 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 13.02.2025 ISSUED BY THE 2ND RESPONDENT