Kerala High Court
Sheejamol vs State Of Kerala on 16 June, 2021
WP(C).8860/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
WP(C) NO. 8860 OF 2021
PETITIONER/S:
1 SHEEJAMOL
AGED 43 YEARS
W/O. BINOI GEORGE, CHERUKARA HOUSE, EROOR WEST,
TRIPUNITHURA, ERNAKULAM - 682306.
2 SINDHU MATHEW
AGED 39 YEARS
D/O. LATE M. X. MATHEW, MAPPUMCHERY HOUSE, EROOR WEST
P. O., TRIPUNITHURA, ERNAKULAM - 682306.
BY ADVS.
R.DIVAKARAN
SRI.BINOI GEORGE (CHERUKARA)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 CHIEF ENGINEER
ROADS AND BRIDGES, PUBLIC OFFICE, MUSEUM P. O.,
THIRUVANANTHAPURAM - 695 033.
3 THE SUPERINTENDING ENGINEER,
PWD ROADS AND BRIDGES, CENTRAL CIRCLE, ALUVA - 683101.
OTHER PRESENT:
GP VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).8860/21 2
V.G.ARUN, J.
-----------------------------------------------
W.P(C).No. 8860 of 2021
-----------------------------------------------
Dated this the 16th day of June, 2021
JUDGMENT
Petitioners are the daughters of late M.X.Mathew, an 'A' Class
Contractor under the Public Works Department, who had been awarded
contracts for certain works by the PWD. Mathew had made security deposits
for the works. Mathew died on 24.11.2005. Under Exhibit P2 will, Mathew
had bequeathed all his properties in favour of his wife, Mary Rosily. Later,
Mary Rosily executed Exhibit P4 will bequeathing the properties, including
the security deposit available with the PWD, to the petitioners. Mary Rosily
died on 4.1.2015. The petitioners thereafter approached the PWD authorities
for getting the amounts deposited by late Mathew released. The authorities
having failed to take a decision, this writ petition is filed.
2. Learned counsel for the petitioners submitted that the petitioners
are the only persons entitled for the amount. It is pointed out that their
dispute with another sister, who, along with the petitioners constitute the
legal heirs of Mathew and Mary Rosily, has been settled, as evidenced by
Exhibits P7 and P8. The prayer in this writ petition is for a direction to the 3rd
respondent to disburse the amount deposited by the petitioners' father.
3. Heard the learned Government Pleader also.
4. On consideration of the submissions made and the documents
produced, I deem it appropriate to direct the 3rd respondent to consider
Exhibit P6 representation and to take a decision thereon as expeditiously as
possible and at any rate, within two months from the date of receipt of a
copy of this judgment. While taking such decision, the 3rd respondent shall
look into the wills executed by the parents of the petitioners, as also the
documents evidencing settlement of dispute with the other legal heirs.
The petitioner shall produce a copy of this writ petition along with a
copy of the judgment before the 3rd respondent.
The writ petition is disposed of as above.
Sd/-
V.G.ARUN, JUDGE
vgs
APPENDIX OF WP(C) 8860/2021
PETITIONERS' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE DEATH CERTIFICATE OF
LATE M. X. MATHEW DATED 02.12.2005.
EXHIBIT P2 THE TRUE COPY OF THE REGISTERED WILL
NO.222/111/05 OF SUB REGISTRY,
TRIPUNITHURA DATED 04.10.2005.
EXHIBIT P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONERS' MOTHER, BABY MATHEW ALIAS
MARY ROSILY DATED 20.02.2019.
EXHIBIT P4 THE TRUE COPY OF THE REGISTERED WILL
NO.84/111/2013 OF SUB REGISTRY,
TRIPUNITHURA DATED 12.03.2013.
EXHIBIT P5 THE TRUE COPY OF THE REGISTERED 'A CLASS
CONTRACTOR' WITH KERALA WATER AUTHORITY
CONTRACT LICENSE NO.2 OF 1990-92 OF LATE
M. X. MATHEW.
EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE
3RD RESPONDENT DATED 23.03.2021.
