Deva S vs Joint Registrar Of Co-Operative Societies Office Of The Joint Registrar Thiruvananthapuram, Pin 695014

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“i) Direct the 2nd respondent to return the original document including the title deed and tax receipt in respect of property in survey No.1251/1-3 of Chirayinkeezhu taluk in Avananchery Village.

ii) Declare that the 2nd respondent has no legal right to withhold the original document since the application for loan is rejected.” (Sic)

The petitioner approached the 2nd respondent for availing a loan. The petitioner submitted the application along with the original documents in respect of the property in Sy.No.1251/1-3 of Chirayinkeezhu Taluk in Avananchery Village. The loan application was rejected by the 2nd respondent. The grievance of the petitioner is that the original documents are not returned to the petitioner.

Heard the learned counsel for the petitioner and the counsel appearing for respondents 2 and 3. I also heard the learned Government Pleader.

The counsel for the petitioner reiterated the contentions in the writ petition. The counsel appearing for respondents 2 and 3 submitted that the documents produced before the bank are forged documents. The counsel submitted that an enquiry is going on and that is why the documents are not returned. It is an admitted fact that the loan application is submitted by the petitioner along with the original documents of a property. It is also an admitted fact that the loan application is rejected. If that is the case, the 2nd respondent has to return the documents to the petitioner. If the 2nd respondent found that the documents produced are forged, the 2nd respondent is free to file complaint before the police and appropriate authority, in accordance to law. For the purpose of filing the complaint, the 2nd respondent can keep a copy of the documents in question and the original of the same is to be returned to the petitioner immediately.

Therefore, this writ petition is disposed of in the following manner:

The 2nd and 3rd respondents are directed to return the original documents produced by the petitioner forthwith, at any rate, within one week from the date of receipt of a copy of this judgment.

I make it clear that, if the 2nd respondent doubts any forgery committed by the petitioner, they are free to take appropriate steps, in accordance to law.

If any competent authority direct the petitioner to produce the original document to find out the alleged forgery, the petitioner will produce the same before that authority. Such an undertaking can be obtained by the 2nd and 3rd respondent before returning the original documents.