Palani Amma vs State Of Kerala
2021 Latest Caselaw 21420 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         W.P.(C) NO.29524 OF 2019
PETITIONER:

              PALANI AMMA,
              AGED 58 YEARS, W/O.LATE K.VELUSWAMY,
              NEERELIPADAM HOUSE,
              MADHAVAPURAM COLONY, NEAR NIRMALA SCHOOL,
              ALUVA.P.O., ERNAKULAM DISTRICT, PIN-683 101.
              BY ADVS.
              DINESH MATHEW J.MURICKEN
              SRI.N.R.SANGEETHARAJ
              SRI.VINOD.S.PILLAI
              SMT.RONA GEEVARGHESE
              KUM.GAYATHRI MURALEEDHARAN

RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              LOCAL SELF GOVERNMENT DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2        ALUVA MUNICIPALITY,
              ALUVA.P.O., ERNAKULAM DISTRICT, PIN-683 101
              REPRESENTED BY ITS SECRETARY.
     3        THE DIRECTOR OF URBAN AFFAIRS,
              URBAN AFFAIRS DEPARTMENT, FIRST FLOOR,
              SWARAJ BHAVAN, PMG JUNCTION,
              TTC JUNCTION ROAD, NANTHANCODU,
              KOWDIAR.P.O., THIRUVANANTHAPURAM DISTRICT,
              PIN-695 003.
              BY ADVS.SRI.MATHEW B. KURIAN
                      SRI.K.T.THOMAS
              SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.29524 OF 2019
                                   -2-

                              JUDGMENT

The petitioner herein, who is the wife and legal heir of one

Veluswamy who was a contingent worker in the 2 nd respondent

Municipality, has approached this Court lamenting that consequent to

retirement of Veluswamy on 30.06.2015 and death on 13.03.2018,

even the arrears of family pension and other service benefits are not

disbursed, even after more than twenty months.

2. When the matter was taken up, the learned counsel for the

2nd respondent Municipality submitted that a sum of Rs.7,36,103/- was

paid to the petitioner. The balance amount, which, according to the

counsel, is around Rs.9,00,000/-, is liable to be paid. The learned

counsel for the respondents sought substantial time to pay the money

on the ground that the Municipality does not have sufficient funds.

Having considered the entire facts, after hearing the learned

counsel for the petitioner, the learned Government Pleader and the

learned Standing Counsel for the Municipality, I am inclined to dispose

of the writ petition with a direction to the respondents to release the

entire balance amount, as expeditiously as possible, at any rate, within

a period of four months from the date of receipt of a copy of this

judgment.

Sd/-

SUNIL THOMAS JUDGE bpr W.P.(C) NO.29524 OF 2019

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE LATE K.VELUSWAMY ISSUED FROM THE KOCHI MUNICIPAL CORPORATION DATED 18.04.2018.

EXHIBIT P2 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE OF LATE K.VELUSWAMY ISSUED BY THE TAHSILDAR DATED 30.03.2019.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.05.2019.

EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 06.05.2019 EVIDENCING RECEIPT OF EXHIBIT P3.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC.NO.9165/2018 PASSED BY THIS HONOURABLE COURT DATED 19.03.2018.