Disposed

Suo Motu v. Presiding Officer, R.C.T.

Kerala HC11 Aug 2016WP(C)/21531/2004

Case brief

AI extract

What is this about?

The High Court disposed of a suo motu writ petition concerning an executed attachment of Rs.85,000 awarded by the Railway Claims Tribunal. Directing the Tribunal to transfer the attached funds to the Family Court, it facilitated disbursement to the maintenance claimant.

What did the court decide?

Railway Claims Tribunal directed to transfer attached Rs.85,000 to Family Court, Manjeri, for disbursement to maintenance claimant.

Suo Motu Vs Presiding Officer, R.C.T. — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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WP(C).No. 21531 of 2004 (S)

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OA. NO.61/2002 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM.

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PETITIONER(S):

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SUO MOTU WRIT PETITION INITIATED ON THE BASIS OF A REFERENCE FORWARDED BY THE JUDGE, FAMILY COURT, MANJERI.

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RESPONDENT(S):

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1. THE PRESIDING OFFICER, RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM.

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UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.

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THE SENIOR COMMERCIAL MANAGER, SOUTHERN RAILWAY, CHENNAI.

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SHINY @ SACHU, D/O. GOVINDAN, SOPANAM, EDAMANAPARAMBIL, POLICE LANE, TEMPLE ROAD, THRIKANDIYUR P.O., TIRUR TALUK.

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5. T.K. ARUL JOTHI, S/O. CHANDRAN, THENGATHUKALATHIL, NEAR A.V. HIGH SCHOOL, PONNANI P.O.

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R1 BY ADV. SRI.E.D.GEORGE. ADV. SRI.P.M.SANEER. R2 & R3 BY ADV. SRI.JAMES KURIAN, SC. R4 BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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P.V.ASHA, J.

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W.P.(C) No.21531 of 2004

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Dated this the 11^th day of August, 2016

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JUDGMENT

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This is a suo motu proceedings initiated by this Court on the basis of a letter from the Family Court, Manjeri. The Family Court, Manjeri had issued an order in E.A.No.31 of 2003 in EP No.22 of 2003 in O.P.No.585 of 2002 attaching a sum of Rs.85,000/- (Rupees Eighty five thousand only) out of the award passed by the Railway Claims Tribunal, Ernakulam in OA.No.61 of 2002 in favour of the 5^th respondent, out of the total award amount of Rs.2,00,000/- (Rupees Two lakhs only). The petitioner before the family court filed the EA against the 5^th respondent claiming arrears of maintenance. The Railway Claims Tribunal, Ernakulam had as per proceedings No.1/04 ordered that the order passed by the Family Court was not binding upon the Tribunal in the matter of execution of its order and therefore attachment of Rs.85,000/- (Rupees Eighty five thousand only) out of the award amount passed by the Tribunal as per the order dated 12.3.2004 of the Family Court shall be lifted immediately. On receipt of this order, the matter was taken up by the Judge of the Family Court, Manjeri before this Court on its administrative side. It was thereupon that this matter was taken up as a writ petition on the basis

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:2:

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W.P.(C) No.21531 of 2004

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of the recommendation of the Committee for administration of Family Court.

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This Court had by order dated 23.8.2004 directed the Railway Claims Tribunal not to release the amount of Rs.85,000/- (Rupees Eighty five thousand only) for a period of three months if not already disbursed. It was also made clear that it will be open to the Railway Claims Tribunal to release the remaining amount if the party makes an application in accordance with law.

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When the writ petition came up for hearing on 14.06.2016, this Court passed an order directing the Registry to obtain necessary report from the Railway Claims Tribunal with respect to the availability of the amount in O.A.No.61 of 2002 with the Railway Claims Tribunal. Thereafter the Railway Claims Tribunal has by its letter No.RCT/ERS/High Court/WP(C) 21531/2004 (S) dated 29.6.2016 informed the Registrar of this Court that the said amount of Rs.85,000/- has been withheld by the Senior Commercial Manager, Southern Railway, Chennai, on the basis of the direction of this Court in its order dated 23.8.2004.

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In the above circumstances, this writ petition is disposed of with the following directions:

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The Railway Claims Tribunal, Ernakulam shall transfer the

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W.P.(C) No.21531 of 2004

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amount covered by the order of attachment dated 30.07.2003 in E.A.No.31 of 2003 in EP No.22 of 2003 and the order dated 23.08.2004 of this court in this writ petition, to the Family Court, Manjeri within a period of one month from the date of receipt of a copy of the judgment.

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On receipt of the amount from the Railway Claims Tribunal, Ernakulam, the Family Court shall take appropriate steps to disburse the amount to the 4^th respondent herein i.e Smt. Shiny who is the petitioner in O.P.No. 58 of 2002 at the earliest.

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Registry will take steps to forward a copy of this judgment to the Family Court, Manjeri and the Railway Claims Tribunal Ernakulam Bench.

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Sd/-

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P.V.ASHA JUDGE

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rkc

Suo Motu v. Presiding Officer, R.C.T.

Case brief

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Suo Motu v. Presiding Officer, R.C.T.

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