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2025 Supreme(Online)(Ker) 50163

IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, BASANT BALAJI, J
ENGADIYUR FARMERS' SERVICE CO-OPERATIVE BANK LTD NO. E.977 – Appellant
Versus
RADHAKRISHNAN.C.A – Respondent


Advocates:
For the Appellants/Petitioners: P.C. Sasidharan
For the Respondents: A.R. Nimod, M.A. Augustine

JUDGMENT Dated this the 31 st day of October 2025 NITIN JAMDAR, C.J.

The Petitioner, a co-operative bank, has filed the present writ petition challenging the order passed by the Kerala State Human Rights Commission. The impugned order was issued on the basis of directions made by the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 . By this order, the Human Rights Commission directed the Petitioner bank to return the original title deeds of the Respondent–borrower, which had been deposited with the bank as security for a loan availed by the Respondent.

2. Respondent No.1 is the father of Respondent No.2. The Petitioner bank, a primary credit society duly registered under the provisions of the Kerala Co-operative Societies Act, 1969 (the Act of 1969), had sanctioned and disbursed a loan amounting to ₹6,50,000/- to Respondent No.2. Respondent No.2 furnished, as security for the said loan, an immovable property situated in Engandiyur Village, Chavakkad Taluk, by depositing the title deeds thereof with the Petitioner bank on 7 June 2016. The Petitioner bank granted the loan on the strength of the immovable property mortgaged

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