The court allowed the writ petition by recording a family settlement permitting the petitioner to withdraw family pension and arrears while including her in the legal heirship certificate.
Petitioner permitted to withdraw family pension and arrears and include in legal heirship certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937
WP(C).No. 1373 of 2015 (V)
PETITIONER :
SALAMMA J., W/O.LATE M.V.THOMAS, MENOTHMALIL HOUSE, METHALA P.O., KUNNATHUNADU, ERNAKULAM DISTRICT NOW RESIDING AT ''SIJI BHAVAN'', ARINALLOOR, THEVALAKKARA, KOLLAM DISTRICT.
BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY (FINANCE), FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001
2. THE ASSISTANT EDUCATIONAL OFFICER, ADIMALI, IDUKKI DISTRICT. PIN-685 588
3. THE TAHSILDAR, KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM DISTRICT.
4. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM.PIN-686 673
5. MR.BASIL THOMAS, S/O.LATE M.V.THOMAS, MENOTHMALIL HOUSE, METHALA P.O, KUNNATHUNADU, ERNAKULAM DISTRICT-683 545
6. SMT. PREETHI THOMAS, D/O.LATE M.V.THOMAS, MENOTHMALIL HOUSE, METHALA P.O., KUNNATHUNADU, ERNAKULAM DISTRICT-683 545
R1 TO R4 BY GOVERNMENT PLEADER SMT. C.K.SHERIN R5 & R6 BY ADV. SRI.P.THOMAS GEEVERGHESE SRI.TONY THOMAS (INCHIPARAMBIL)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 1373 of 2015 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXT.P1. | TRUE PHOTOCOPY OF MARRIAGE CERTIFICATE ISSUED BY ST.MARY'S JACOBITE SYRIAN CHURCH, ODAKKALY ASSAMANNOOR, ERNAKULAM. |
|---|---|
| EXT.P2. | TRUE PHOTOCOPY OF MARRIAGE CERTIFICATE ISSUED BY ASSAMANNOOR GRAMA PANCHAYATH, ERNAKULAM. |
| EXT.P3. | TRUE PHOTOCOPY OF THE APPLICATION DATED 23/8/2013 SUBMITTED TO THE 3RD RESPONDENT |
| EXT.P4. | TRUE PHOTOCOPY OF THE LETTER DATED 24/6/2014 ISSUED BY THE 3RD RESPONDENT |
| EXT.P5. | TRUE PHOTOCOPY OF REPLY LETTER DATED 22/12/2014. |
| EXT.P6. | TRUE PHOTOCOPY OF THE NOTICE DATED 17/2/2014 ISSUED BY THE 2ND RESPONDENT |
| EXT.P7. | TRUE PHOTOCOPY OF REPORT OF THE VILLAGE OFFICER DATED 26/4/2013. |
| EXT.P8. | TRUE PHOTOCOPY OF THE CERTIFICATE DATED 24/6/2013 ISSUED BY THE 3RD RESPONDENT |
| EXT.P9. | TRUE PHOTOCOPY OF THE LETTER DATED 10/9/2014 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P10. | TRUE PHOTOCOPY OF THE LETTER DATED 10/11/2014. |
RESPONDENT(S)' EXHIBITS
EXT.R5(A) TRUE COPY OF THE FAMILY SETTLEMENT DATED 15TH MAY 2015, ENTERED BETWEEN PETITIONER AND 5TH & 6TH RESPONDENTS.
/TRUE COPY/
P.A.TO JUDGE
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K. VINOD CHANDRAN, J.
W.P.(C) No. 1373 of 2015 (V)
Dated this the 16th day of June, 2015
J U D G M E N T
The writ petition will stand disposed of recording the terms of the settlement entered into between the petitioner and respondents 5 and 6. The family settlement will form part of the judgment. The petitioner hence, would be permitted to withdraw the family pension and the arrears due with respect to late M.V. Thomas and the other retirement dues, including gratuity, would be permitted to be withdrawn by respondents 5 and 6.
W.P.(C) No. 1373/2015
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herein shall be made within a period of three months of date of production of the certified copy of the judgment to
the respective parties.
Writ Petition allowed. No costs.
Sd/-
K.VINOD CHANDRAN, JUDGE
jjj
3 issues framed by the court
Whether to dispose of the petition by recording the terms of the family settlement between the parties.
Whether to include the petitioner in the legal heirship certificate alongside the respondents.
Whether to permit withdrawal of family pension and other retirement dues based on the settlement.
SALAMMA J.
THE STATE OF KERALA
THE ASSISTANT EDUCATIONAL OFFICER, ADIMALI
THE TAHSILDAR, KUNNATHUNADU
THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA
MR. BASIL THOMAS
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
