Simon Plakkal vs State Of Kerala
2021 Latest Caselaw 18448 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                         WP(C) NO. 4979 OF 2021
PETITIONER:

             SIMON PLAKKAL,
             AGED 61 YEARS
             SANTHINAGAR, THEVARA, ERNAKULAM.

             BY ADVS.
             K.P.SANTHI
             SMT.TARA PREM
             SMT.NISHA G.THARAMEL
             SMT.SARIMOL KAREETHARA



RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             EDUCATION DEPARTMENT, SECRETARIAT,
             TRIVANDRUM-695 001.

     2       DIRECTOR OF COLLEGIATE EDUCATION,
             DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
             THIRUVANANTHAPURAM-695 001.

     3       THE DISTRICT COLLECTOR,
             CIVIL STATION, KAKKANAD, KOCHI-682 030.

     4       TAHSILDAR, KANAYANNUR TALUK,
             PARK AVENUE ROAD, KOCHI-682 011.

     5       THE DISTRICT WELFARE OFFICER,
             CIVIL STATION, KAKKANAD, ERNAKULAM-682 030.

             GP SRI JIMMY GEORGE


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 4979 OF 2021
                                        -2-




                                   JUDGMENT

Petitioner and one Sri.Davis Plakkal, a

mentally sick person are the children of deceased

Devassy, who died while working in Sacred Hearts

College, Thevara. During the life time of the

father, he was taking care of Davis and had

appointed the petitioner as legal guardian as per

the statement dated 01.06.2009, Ext.P1. When the

petitioner approached the 2nd respondent,

Directorate of collegiate Education, for pension

was told to obtain the De facto Guardianship

Certificate vide Ext.P2. Petitioner submitted a

representation dated 21.07.2019 for issuance of the

De facto Guardianship Certificate, which was

received in the office of the Tahsildar and

forwarded on 12.11.2019 to the Village Office,

Elamkulam, but no steps were taken for issuance of

the same till date. In this respect, he is not able

to enjoy or receive the pension required to meet WP(C) NO. 4979 OF 2021

the day to day expenses of his brother, who is

mentally disabled.

2. Petitioner approached 2nd respondent

submitted representations dated 05.02.2020 and

29.08.2020 respectively requesting to direct the 4th

respondent, Tahsildar to issue certificate in terms

of the guidelines for issuance of the pension

Exts.P6 and P7 in respect of the persons who were

dependents of the deceased. On 30.09.2020 the 4th

respondent, i.e. the Tahsildar forwarded the

application to the District Welfare Officer,

respondent No.5 to issue necessary guidance.

According to the submission of the learned counsel,

it is not required but an attempt to harass the

petitioner. 2nd respondent vide letter dated

02.02.2021 informed the petitioner that in case

of non-production of De facto Guardianship

Certificate within seven days, it would be presumed

that no steps would be taken. It is in that

respect, the petitioner approached this Court WP(C) NO. 4979 OF 2021

challenging Ext.P9.

3. Sri. Jimmy George, the learned Government

Pleader accepts notice for the respondents and

submits that necessary steps would be taken for

issuance of De facto Guardianship Certificate by

the concerned Tahsildar after affording opportunity

of hearing to the petitioner or any other

authorized representative.

4. I have heard counsel for the parties and

appraised the paper book.

5. The death of Mr.Devassy, the deceased

father of the petitioner and Davis Plakkal who is

mentally sick, on 27.08.2016 is not denied. Though

during his life time had issued Ext.P1 appointing

his other able son i.e. petitioner Simon Plakkal to

take care of all accounts in the name of the Davis

Plakkal, but in order to overcome any hurdle,

representations as noticed above have been

submitted, which were forwarded to the Tahsildar,

who is playing hide and seek by forwarding to the WP(C) NO. 4979 OF 2021

District Welfare Officer, which is not the

requirement of the law. Tahsildar if had expressed

any apprehension could always obtain an indemnity

bond or an undertaking from the petitioner that the

pension would be squarely applicable for the

welfare of Davis, the mentally retarded brother of

the petitioner and son of Devassy and not for any

other purpose. This is the sufficient requirement

for issuance of the De facto Guardianship

Certificate enabling respondent No.2 to transfer

the pension fund in the account of the petitioner.

Even the respondent No.2 can also take similar

undertaking.

Writ petition is disposed of by issuing

directions to respondent No.4 to take a call on the

representation looking into the observation made

above for issuance of De facto Guardianship

Certificate and on receipt of the same, 2nd

respondent would take action on the disbursement of

the pension, without prejudice to the contents of WP(C) NO. 4979 OF 2021

Ext.P9 fixing the time limit of seven days. Let

this exercise be undertaken within a period of one

month from the date of receipt of a copy of this

judgment. Liberty is granted to revive the writ

petition, in case such action is not taken so that

this Court can take follow up action, in accordance

with law.

Sd/-

AMIT RAWAL JUDGE hmh WP(C) NO. 4979 OF 2021

APPENDIX OF WP(C) 4979/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE WRITTEN STATEMENT DATED 01.06.2009 EXECUTED BY DECEASED DEVASSY.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 01.09.2018 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.07.2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 05.02.2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 29.08.2020 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF GOVERNMENT ORDER GO(P) NO.808/2000/FIN DATED 10.04.2000.

EXHIBIT P7 TRUE COPY OF GOVERNMENT ORDER GO(P) NO.381/2014/FIN DATED 01.09.2014.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 30.09.2020 OF THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 02.02.2021 OF THE 2ND RESPONDENT.

RESPONDENT NIL EXHIBITS