Dismissed

Aradhana.R v. Travancore Devaswom Board

Kerala HC6 Mar 2018WP(C)/1020/2018

Case brief

AI extract

What is this about?

The petitioner claimed pensionary benefits as a legal heir of a deceased employee of the Travancore Devaswom Board, relying on a family court judgment and death certificate. Respondents contested, noting a pending petition to set aside the underlying judgment. The court closed the writ petition granting liberty to file again if the civil court later rules in the petitioner's favour.

What did the court decide?

Writ petition closed; liberty granted to approach Court if civil court decision favours petitioner.

Aradhana.R Vs Travancore Devaswom Board — Succession and Inheritance | Kerala HC (2018)

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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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TUESDAY, THE 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939 WP(C).No. 1020 of 2018

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PETITIONER:

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ARADHANA R., AGED 31 YEARS, W/O. B. RADHA RAMANAN (LATE), BRAHASPATHI, 74, MULLOOR POST, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT - 695 521.

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BY ADVS.SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR

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RESPONDENTS:

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1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA - 695 003.

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2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, KERALA - 695 003.

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3. JAYANTHI, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, BRAHASPATHI, NELLIKUNNU, MULLOOR POST, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT - 695 521.

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4. UMA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, BRAHASPATHI, NELLIKUNNU, MULLOOR POST, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT - 695 521.

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R1-R2 BY ADVS. SRI.C.K.PAVITHRAN, SC, TDB

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SRI.T.K.AJITH KUMAR, SC, TDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1020 of 2018 (B)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 12.05.2016 IN O.P.NO.104 OF 2009 OF THE FAMILY COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 A TRUE COPY OF THE DEATH CERTIFICATE DATED 20.07.2016 OF B. RADHA RAMANAN ISSUED BY THE SUB REGISTRAR OF BIRTH AND DEATH, CORPORATION OF THIRUVANANTHAPURAM.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE AADHAAR CARD OF THE PETITIONER ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.
EXHIBIT P4 A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER'S DAUGHTER GAURI A.R. ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.
EXHIBIT P5 A TRUE PHOTOCOPY OF THE AADHAAR CARD OF THE PETITIONER'S SON KALIDASAN A.R. ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.
EXHIBIT P6 A TRUE PHOTOCOPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER.
EXHIBIT P7 A TRUE PHOTOCOPY OF THE LEGAL HEIR CERTIFICATE DATED 07.02.2017 ISSUED BY THE TAHSILDAR, NEYYATTINKARA.
EXHIBIT P8 A TRUE PHOTOCOPY OF THE NON-REMARRIAGE CERTIFICATE DATED 13.10.2016 ISSUED BY THE VILLAGE OFFICE, VIZHINJAM.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 26.07.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

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NIL

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TRUE COPY P.S. TO JUDGE

7.3.2018

P.V.ASHA J.

-----------------------------------W.P.(C).No.1020 of 2018

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------------------------------------- Dated this the 6^th day of March, 2018

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J U D G M E N T

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Petitioner claims that she is the legal heir of late B.Radha Ramanan, who was employed under the Travancore Devaswom Board and died on 25.01.2009. On the basis of Ext.P1 judgment dated 12.05.2016 in O.P.No.104 of 2009, petitioners claim that they are legal heirs of late B.Radha Ramanan. This writ petition is filed claiming the pensionary benefits on the basis of the said judgment.

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Learned Standing Counsel submits that the 3^rd respondent has filed a petition to set aside the exparte judgment and the same is pending.

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W.P.(C).No.1020 of 2018

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In the above circumstances, the writ petition is closed with liberty to the petitioner to approach this Court in case the decision from the civil court is in her favour.

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Sd/-

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P.V.ASHA, JUDGE.

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Aradhana.R v. Travancore Devaswom Board

Case brief

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Aradhana.R v. Travancore Devaswom Board

Case brief

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