LAWS(KER)-2020-10-296

P.J.THOMAS Vs. RURAL DEVELOPMENT COMMISSIONER

Decided On October 21, 2020
P.J.THOMAS Appellant
V/S
RURAL DEVELOPMENT COMMISSIONER Respondents

JUDGEMENT

(1.) This original petition seeks for a direction to the first respondent to return the original title deed submitted by the petitioner to the first respondent in compliance with the conditions in Ext.P1.

(2.) Petitioner is a retired Village Extension Officer. While in service, petitioner was granted a housing loan as per Ext.P1, dated 24.01.1998. The loan was granted on the strength of a mortgage created on petitioner's property. Loan was for the purpose of a house construction. By order dated 18.12.1999, an additional advance for house construction was also issued to the petitioner as is evident from Ext.P1. In compliance with the conditions of the loan, petitioner had submitted the original title deeds to the first respondent as is evident from Ext.P2.

(3.) It is the case of the petitioner that in due compliance with the orders referred above, he utilized the loan for the purpose for which it was granted and also repaid the entire loan with interest. Ext.P3 is a letter issued by the Block Development Officer to the Accountant General stating that the loan amount along with interest have been fully recovered as on 07.04.2012. Ext.P3 also contains a letter dated 18.10.2013 referring to the petitioner's submission that utilization certificate had already been submitted to the first respondent. According to the petitioner, in spite of the clearance of the loan along with interest and satisfying all conditions of the loan disbursal and even after his retirement, the title deeds to his property which was mortgaged has not been returned.