IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 27^TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946 WP(C) NO. 11316 OF 2024 PETITIONER:

NAZEERA BEEVI AGED 63 YEARS W/O ABDUL AZEEZ, MARUTHAMON, KALLARA P.O, THIRUVANATHAPURAM DISTRICT, PIN - 695608 BY ADV SREERAJ M.D.

RESPONDENTS:

1 KALLARA HOUSING CO- OPERATIVE SOCITY REPRESENTED BY ITS AUTHORIZED OFFICER NO T 751, KALLARA, PIN - 695608

2 SECRETARY, KALLARA HOUSING CO-OPERATIVE SOCITY, NO T 751,KALLARA, PIN - 695608

3 PRESIDENT, KALLARA HOUSING CO-OPERATIVE SOCITY NO T 751,, PIN - 695608 BY ADV SRI.M.R.SARIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DEVAN RAMACHANDRAN, J.

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W.P.(C)No.11316 of 2024 ==========================

Dated this the 27^th day of June, 2024

JUDGMENT

When this matter was called today, Sri.M.R.Sarin -learned Standing Counsel for the respondent – Society, submitted that the title documents of the petitioner will be returned to her within a period of three months from now. He explained that, this is because, the title documents are presently with the Kerala State Co-operative Housing Federation Ltd. (‘Housing Federation’ for short) and that certain amounts have to be paid to them by her client, so as to obtain the release of the documents.

2. However, Sri.Sreeraj M.D. - learned counsel for the petitioner, submitted that the afore stand of the respondent - Society is unfair because, as early as in January 2024, his client was given a similar offer by the Society, but not acceded to. He added that his client has no information as to the arrangement between the Society and the “Housing Federation” and hence, that the retention of his documents, even after the loan is settled, is illegal and unlawful.

3. No doubt, the afore submissions of the learned counsel for the petitioner carry weight because, when the petitioner has paid off the loan, the Society cannot retain the title documents of the secured assets any further. This Court is also not aware as to how they were able to hand over the documents to the “Housing Federation”, but do not think that it is necessary for me to enter into that area as of now.

4. As matter now stand, the petitioner has paid off the entire loan and the Society offers to return the title documents within a period of three months. I am of the view that, this period is excessive and that the title documents must be returned within a period of six weeks.

In the afore circumstances, I allow this writ petition, recording the afore submissions of the learned Standing Counsel for the respondent – Society; with a consequential direction to them to return the title documents of the property of the petitioner to her, within a period of six weeks from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN, JUDGE ACR APPENDIX OF WP(C) 11316/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LOAN PASSBOOK ISSUED BY THE KALLARA CO-OPERATIVE SOCIETY Exhibit P2 A TRUE COPY OF THE RECEIPT DATED

16/06/2022 ISSUED BY KALLARA CO-OPERATIVE SOCIETY Exhibit P3 A TRUE COPY OF THE LETTER GIVEN BY THE PRESIDENT OF THE KALLARA HOUSING CO-

OPERATIVE SOCIETY DATED 3.1.2024