Kerala High Court
Vinod K.S vs State Of Kerala on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 27166 OF 2022
PETITIONER:
VINOD K.S
AGED 58 YEARS
(FORMER ACCOUNTS OFFICER(HG), KERALA WATER AUTHORITY-
RETIRED ON 31-10-2020) S/O.M.SUKUMARAN, AGED 58 YEARS,
"PRAYAGA", T.C.27/243, THAMPURANMUKKU, VANCHIYOOR.P.O,
THIRUVANANTHAPURAM-695035.
BY ADVS.
SRINATH GIRISH
P.JERIL BABU
V.NAMITHA
PRASUDHA.S
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
WATER RESOURCES (WATER SUPPLY-C) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
THIRUVANANTHAPURAM-695033.
3 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695033.
4 THE ACCOUNTS OFFICER(PDC),
KERALA WATER AUTHORITY, JALA BHAVAN,
THIRUVANANTHAPURAM-695033.
SUNIL KURIAKOSE, GP
P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27166 OF 2022
2
JUDGMENT
Dated this the 31st day of August, 2022
This writ petition is filed seeking the following prayer:
"(i) issue a writ of mandamus, or any other appropriate
writ, order or direction, directing the respondents to
disburse the commutation amount of Rs.23,76,288/-
(Rupees Twenty Three Lakhs Seventy Six Thousand Two
Hundred and Eighty Eight Only) to the petitioner urgently
in view of his need to continue the Medical Undergraduate
studies of his son"
2. Heard the learned counsel for the petitioner, the learned
Government Pleader as well as the learned standing counsel appearing
for the Kerala Water Authority.
3. It is submitted by the learned counsel for the petitioner that the
petitioner is in urgent need of money and Ext.P4 representation had
therefore been submitted seeking release of the amounts due on a
priority basis. It is contended that Ext.P5 order has been passed on
12.08.2022 rejecting the request of the petitioner.
4. Having heard the learned standing counsel also, I am of the
opinion that in the special circumstances pointed out in Ext.P4, the
request of the petitioner for release of the amounts out of turn is liable
to be considered and an appropriate decision has to be taken in this
WP(C) NO. 27166 OF 2022
regard. Ext.P5 is therefore set aside. There will be a direction to the 2 nd
respondent to take up Ext.P4 request made by the petitioner and to pass
an appropriate order, considering the urgency of the situation as pointed
out. Appropriate orders shall be passed within a period of two weeks
from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 27166 OF 2022
APPENDIX OF WP(C) 27166/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PENSION PAYMENT ORDER NO.
PPO 10181 DATED 7-12-2020 ISSUED BY THE
ACCOUNTS OFFICER, KERALA WATER AUTHORITY
Exhibit P2 TRUE COPY OF THE CERTIFICATE DATED 23-01-2020
ISSUED BY THE VICE-DIRECTOR OF THE DEPARTMENT
OF INTERNATIONAL EDUCATION, SUMY STATE
UNIVERSITY, UKRAINE, IN RESPECT OF
KRISHNAND.V
Exhibit P3 TRUE COPY OF THE LETTER DATED 2-08-2022
ISSUED BY THE PRESIDENT, GEORGIAN AMERICAN
UNIVERSITY, TBILISI, GEORGIA TO KRISHNANAND
VINOD
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 11-08-
2022 SUBMITTED BY THE PETITIONER BEFORE THE
MANAGING DIRECTOR, KERALA WATER AUTHORITY,
THIRUVANANTHAPURAM
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 12-08-
2022 ISSUED BY THE ACCOUNTS OFFICER(PDC),
KERALA WATER AUTHORITY,THIRUVANANTHAPURAM,TO
THE PETITIONER
RESPONDENTS' EXHIBITS: NIL
