WP(C) NO. 13995 OF 2025 1 2025:KER:29141 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13995 OF 2025 PETITIONER/S: MUNEERA BEEVI,AGED 52 YEARS, W/O NAZARUDEEN, NAJNA MANZIL, VADAKKEKARA, ASHTAMUDY P O, KOLLAM, PIN - 691602 BY ADVS. BIJITH S.KHAN AMEER SALIM ROY ANTONY RESPONDENT/S: 1 THE KERALA STATE FINANCIAL ENTERPRISES LTD CHINNKKADA BRANCH, KSFE BUILDING, GROUND FLOOR, KOLLAM REPRESENTED BY ITS AUTHORIZED OFFICER,, PIN - 691001 2 THE REGIONAL MANAGER, THE KERALA FINANCIAL ENTERPRISES LTD, REGIONAL OFFICE, KOLLAM RURAL, KRISHNA KRIPA ARCADE, KOTTARAKKARA, KOLLAM, PIN - 691506 3 STATION HOUSE OFFICER ANCHALUMMOODU POLICE STATION, KOLLAM, PIN - 691601 4 SPECIAL DEPUTY TAHSILDAR, OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (RR), KSFE LTD CHINNAKKADA, KOLLAM, PIN - 691001 5 NASARUDEEN A, S/O ABDUL HAMEED, NINU NIVAS, VADAKKEVILA, KOLLAM, PIN - 691010 GP.SRI.PRIJITH P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13995 OF 2025 2 2025:KER:29141 C.S.DIAS, J. --------------------------------------- WP(C) No. 13995 OF 2025 ----------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The writ petition is filed to direct the 1st respondent to return the original title deeds of the petitioner which was furnished as security towards a chitty. 2. The 5th respondent had joined a chitty with the 1st respondent Enterprises. The petitioner stood as a guarantor for the 5th respondent, who had prized the chitty. The petitioner offered her title deeds as security. Subsequently, the 5th respondent defaulted in repaying the chitty amount. Consequently, the 1st respondent initiated revenue recovery proceedings against the petitioner. Then, the petitioner paid the entire liability as evidenced by Ext.P3 receipt and Ext.P4 non-liability certificate. Despite clearing the entire liability, the 1st respondent has refused to return the petitioner's title deeds. The action of the 1st respondent is arbitrary. Hence, the writ petition. WP(C) NO. 13995 OF 2025 3 2025:KER:29141 3. Heard; the learned counsel for the petitioner, the learned Standing Counsel for the respondents 1 and 2 and the learned Government Pleader for the respondents 3 and 4. 4. The learned Standing Counsel for the respondents 1 and 2 submitted that, the petitioner's title deeds were not returned due to pendency of Ext.P1 FIR against the 5th respondent. However, the 1st respondent does not dispute the fact that the petitioner has paid the entire liability of the 5th respondent. 5. On a consideration of the facts and the materials on record, particularly that the petitioner has admittedly paid the entire liability to the 1st respondent, notwithstanding the pendency of Ext.P1 FIR, I am of the definite view that the 1st respondent is liable to return the title deeds of the petitioner's property. In the aforesaid circumstances, I direct the 1st respondent to release the title deeds of the petitioner's property, which were furnished as security for the chitty prized by the 5th respondent. The above exercise shall be WP(C) NO. 13995 OF 2025 4 2025:KER:29141 done within two weeks from the date of production of a copy of this judgment, subject to the condition that the petitioner shall execute a receipt acknowledging the receipt of her title deeds. Sd/- C.S.DIAS, JUDGE rkc/04.04.25 WP(C) NO. 13995 OF 2025 5 2025:KER:29141 APPENDIX OF WP(C) 13995/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 771 OF 2023 OF ANCHALUMMOODU POLICE STATION DATED 25.07.2023 Exhibit P2 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 4TH RESPONDENT AS RRC NO. 2024/2933/02 DATED 30/08/2024 Exhibit P3 TRUE COPY OF THE PAYMENT RECEIPT TOWARDS THE CHITTY NO. 77/2019/A/1-15 ISSUED BY THE 4TH RESPONDENT DATED 26.03.2025 Exhibit P4 TRUE COPY OF THE NON LIABILITY CERTIFICATE REF NO. SDT/KLM/24117/2024-2025 DATED 26.03.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE COMMUNICATION REF NO. SDT/KLM/24117/2024-25 REGARDING CLOSURE OF THE RR ACCOUNT, ISSUED BY THE 4TH RESPONDENT TO THE VILLAGE OFFICER, THRIKKARUVA DATED 27.03.205 Exhibit P6 TRUE COPY OF THE GOLD PLEDGE RECEIPT NO. 13018/2024 DATED 26.03.2025 Exhibit P7 TRUE COPY OF THE OPINION REQUEST MADE BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 26.03.2025 Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 28.03.2025