Kerala High Court
WP(C)/7188/2025 of AISWARYA MATHEW Vs THE MANAGER on 2 April 2025
WP(C) NO. 7188 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 7188 OF 2025 PETITIONER/S: AISWARYA MATHEW, AGED 32 YEARS D/O. MATHEW THOMAS, PUTHUKULANGARA HOUSE,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 7188 OF 2025
PETITIONER/S:
AISWARYA MATHEW, AGED 32 YEARS
D/O. MATHEW THOMAS, PUTHUKULANGARA HOUSE, POOZHIKOL P.O, KADUTHURUTHY VILLAGE, VAIKOM TALUK, ERNAKULAM DISTRICT, PIN - 686604
BY ADV GAJENDRA SINGH RAJPUROHIT
RESPONDENT/S:
THE MANAGER, KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD
NO.K-3999, HEAD OFFICE: KADUTHURUTHY,
KOTTAYAM DISTRICT., PIN - 686604
THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.K-3999
HEAD OFFICE: KADUTHURUTHY, KOTTAYAM DISTRICT
REPRESENTED BY CHIEF EXECUTIVE OFFICER, PIN - 686604
THE REGIONAL MANAGER
KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD NO.K-3999, HEAD OFFICE: KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686604
BY ADVS.
RENJITH.R NAIR
ANJU MOHAN(K/916-D/2000)
SRI. REJITH R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Petitioner is the daughter of late Mathew Thomas, who passed away on 15.02.2025. According to the petitioner, the petitioner along with her father had obtained a loan from the respondent bank, which was secured by mortgaging 16.19 ares of property situated in Sy. No.480/1 of Kaduthuruthy village, Vaikom Taluk. According to the petitioner, the petitioner intends to sell out certain property belonging to her late father and settle the liability with the respondent bank and for this purpose, the petitioner required a ‘No Objection Certificate’ from the respondent bank . It I the case of the petitioner that such certificate is required as the mortgaged property is part of a larger extent of property that is not mortgaged.
2. Learned counsel appearing for the respondent bank submits that the petitioner by herself may not be entitled to a ‘No Objection Certificate’, as sought for. It is submitted that, the present overdue amount in the loan account which is subject matter of the writ petition is Rs.6,90,876/-. It is submitted that, the mother of the petitioner and the brother of the petitioner are having separate loans with the respondent bank. It is submitted that, if the application for ‘NO Objection Certificate’ is to be considered, the same has to be made by all the legal heirs of late Mathew Thomas and not by the petitioner alone, since the mortgaged property belongs to late Mathew Thomas. It is submitted that, if such an application is made, the competent Authority of the respondent bank can consider the same.
3. Learned counsel appearing for the petitioner submits that the petitioner will obtain a legal heirship certificate and make an application for issuance of ‘No Objection Certificate’ along with other legal heirs of late Mathew Thomas.
4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent bank, the writ petition will stand disposed of, directing that if the petitioner were to make an application for ‘No Objection Certificate’ to sell any property [that has not been mortgaged to the bank] along with other legal heirs and also produces a legal heirship certificate (showing the name of legal heirs of late Mathew Thomas), the same shall be considered by the competent Authority of the respondent bank, and a ‘No Objection Certificate’ for sale of the property (which is not mortgaged to the bank) shall be issued, if there is no other legal impediment in doing so. If the petitioner requests for a copy of the document of
title, which has been deposited with the respondent bank, a photocopy of the document of title shall also be issued to the petitioner.
The writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt
APPENDIX OF WP(C) 7188/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.01.2025 Exhibit P2 TRUE PHOTOCOPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.01.2025 Exhibit P3 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 13.02.2025 ISSUED BY THE 2ND RESPONDENT