Petitioner seeks the following relief: “Issue a writ of mandamus or any appropriate writ, order or direction to the respondents to issue a letter stating that charge of the respondents over the petitioner's 1/5th undivided share in 5 cents of land in Block No. 8, Re-survey No. 258/15 in Vazhakkala Village and in the Apartment No: 2/339 F of Trikkakkara Municipality will be released on payment of the entire outstanding amount due on his loan account No. 43107210000662.”
2. It is not in dispute that the petitioner, along with certain other persons, had taken loan for construction of an apartment complex. It is also not in dispute that title deed of the above property having an extent of 5 cents has been mortgaged to the respondent Bank.
3. The petitioner is entitled to sell his portion of the apartment along with 1/5th undivided share of land. Petitioner approached the Bank for a certificate to indicate that on payment of the entire dues by the petitioner, there would not be any charge in respect of that portion of the apartment. The Bank, however, had rejected the said request stating that since there is a charge for the entire property, unless the loan received by all the joint owners are settled, such a document releasing the mortgage cannot be W.P(C) No. 8379 of 2014 -: 2 :-
granted to the petitioner.
4. The respondent Bank has filed a counter affidavit supporting their stand in the matter. The learned counsel for the Bank further submitted that if the petitioner pays the entire loan amount, a certificate in terms of Ext. P4 can be granted. However, release of the mortgage rights of the petitioner will be given only if the entire loan amount is closed by all the four persons, who had taken loan from the bank, who are the joint owners of the property.
5. When there is a primary charge in respect of the above property, it will not be possible for this Court to direct the Bank to release the mortgage.
Under these circumstances, this writ petition is dismissed. However, it is made clear that if the petitioner is willing to discharge the entire loan amount, the Bank shall issue a certificate in terms of Ext. P4.
Sd/- A.M. Shaffique, Judge.
Tds/