ALAVIKUTTY. T. K Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking a writ of mandamus directing the 2nd respondent not to insist upon the appearance of the Superintending Engineer of Tamilnadu Generation and Distribution Corporation Ltd., who was the employer of the petitioner, for the purpose of registration of a release mortgage/gahan deed in respect of his property.

(2.) The petitioner, who is a permanent resident of Nilambur Taluk in Malappuram District, was employed as a Commercial Inspector in Chennai Division of Tamil Nadu Generation and Distribution Corporation Limited (Tamil Nadu Electricity Board) (for short, 'TNEB'). In order to construct a residential building, the petitioner mortgaged his property having an extent of 10 cents of land in Re.Sy.No.879/Pt with the TNEB, in the year 2007. Subsequently, the petitioner also availed another loan for improvement of his residence. The petitioner thus executed two mortgage deeds as document Nos.5758/2007 and 4895/2013 before the 2nd respondent, Sub Registrar, for the said purpose. Thereafter, the petitioner cleared the entire loan amount and the creditor acknowledged the same as per Ext.P2. But when the petitioner presented Ext.P2 before the 2nd respondent, along with Ext.P3, the 2nd respondent informed the petitioner, as per Ext.P3 that the executant of the document, who is the Superintending Engineer of TNEB, is required to be present before him and that the petitioner is also required to pay the stamp duty for registration of the gahan release. It is in such circumstances that the petitioner approached this Court by filing this writ petition.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.