JUDGMENT :

1. The quest of the petitioner, who is admittedly a borrower of certain loan facilities from the 6th respondent -South Indian Bank Limited (hereinafter referred to as 'the Bank' for short), to build a defense against the claims of the said Bank has led him to this Court posing a very inventive question: namely, whether Government of Kerala have unbridled powers under Section 58(f) of the Transfer of Property Act ('TP Act' for short), to declare every part of the State being brought within its ambit, for the purpose of creation of equitable mortgage by deposit of Title Deeds.

2. The petitioner concedes that he had taken a loan facility from the Bank and that he and his mother had 'delivered' their title documents to them as 'security' for a loan facility availed of by a Firm called 'Sama Rubbers', of which, he is the Managing Partner. His contention, however, is that since the documents were delivered at Kanjirapilly, it cannot be construed to have created an equitable mortgage over the property in question because, as per the original provisions of Section 58(f) of the 'T.P Act', such deposit was permitted only in certain specified towns, though admitting that the statutor