Writ petition filed seeking certification of death in harness. Court allowed closure of petition with liberty to approach appropriate authority for any fresh cause of action, refraining from deciding substantive merits.
Petition closed with liberty to approach the appropriate authority if there is any fresh cause of action.
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WP(C) NO. 4460 OF 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 14TH DAY OF MARCH 2022 / 23RD PHALGUNA, 1943 WP(C) NO. 4460 OF 2012
PETITIONER/S:
SREEMATHI GOPALAKRISHNAN AGED 60 YEARS W/O.LATE MWO I.V GOPALAKRISHNAN (260716),IRINGATHURUTHY HOUSE, KAZHIMBRAM P.O.,THRISSUR - 680 568.
BY ADVS. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH
RESPONDENT/S:
1 UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF DEFENCE,GOVERNMENT OF INDIA, NEW DELHI - 110001. 2 OFFICER IN CHARGE PENSION & WELFARE WING, AIR FORCE RECORD OFFICE,SUBRATO PARK NEW DELHI - 110 010. BY ADV SRI.GEORGE JOSEPH, CGC SRI.S.MANU, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4460 OF 2012
P.V.KUNHIKRISHNAN, J
W.P.(C.) No.4460 of 2012
Dated this the 14th day of March, 2022
JUDGMENT
The above writ petition is filed with following prayers :
“i) a writ of certiorari or any other appropriate writ order or direction to quash Exhibit P5 order passed by the 2nd respondent and Ext.P7 order passed by the 1st respondent ii) a writ of mandamus or any other appropriate writ order or direction commanding the respondents to issue forthwith a certificate to the petitioner certifying that her husband died in harness due to attributable causes. iii) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs.” [SIC]
learned counsel for the petitioner submitted that the writ petition can be closed. If there is any fresh cause of action, the petitioner may be allowed to agitate the same, is the further submission.
Therefore, this writ petition is closed, giving liberty to the petitioner to approach the appropriate authority in accordance to law, if there is any fresh cause of action.
SD/-
P.V.KUNHIKRISHNAN, JUDGE
SKS
WP(C) NO. 4460 OF 2012
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE SERVICE PARTICULARS CERTIFICATE ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE PETITIONER'S HUSBAND ON 25.6.2002
EXT.P2 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND DATED 25.3.1999 ISSUED BY COIMBATORE CITY MUNICIPAL CORPORATION
EXT.P3 TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER FOR ISSUANCE OF ATTRIBUTABILITY CERTIFICATE ON 18.8.2011
EXT.P4 TRUE COPY OF THE FORWARDING LETTER ISSUED BY ZILA SAINIK WELFARE OFFICER TO THE 2ND RESPONDENT FORWARDING EXT.P3 DATED 18.8.2011
EXT.P5 TRUE COPY OF ORDER NO.RO/2908/1/P&WW (WEL) DATED 5.9.2011 ISSUED BY THE 2ND RESPONDENT
EXT.P6 TRUE COPY OF THE APPEAL DATED 16.12.2011 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT
EXT.P7 TRUE COPY OF THE ORDER DATED 30.1.2012 PASSED BY THE 1ST RESPONDENT IN EXT.P6 APPEAL
RESPONDENT'S EXHIBITS :
EXT.R2(A) TRUE COPY OF THE REPORT ON CASES (OTHER THAN THOSE DUE TO INJURIES) WHICH HAVE ENDED FATALLY OR ARE PROPOSED FOR INVALIDING
EXT.R2(B) TRUE COPY OF THE AFMSF 93 (PART II) CERTIFICATE OF ATTRIBUTABILITY
EXT.R2(C) TRUE COPY OF THE PARTICULARS OF CHARER OF DUTIES FOR 14 DAYS PRIOR TO OCCURRENCE OF IRD
2 issues framed by the court
Whether this writ petition requires a further cause of action to maintain.
The manner in which to dispose of the writ petition without deciding the substantive claim at this stage.
SREEMATHI GOPALAKRISHNAN
UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA
OFFICER IN CHARGE PENSION & WELFARE WING, AIR FORCE RECORD OFFICE
P.V.KUNHIKRISHNAN
As recorded by the court registry
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