Kerala High Court
Shiji vs Union Of India on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
WP(C) NO. 22291 OF 2016
PETITIONER:
SHIJI
W/O.LATE SHIJU, PULIKKOTTIL HOUSE, NAMBAZHIKKAD
PO, MATTAM VIA, THRISSUR - 680 402.
BY ADVS.
JOSE ABRAHAM
E.ADITHYAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF OVERSEAS INDIA AFFAIRS,
NEW DELHI 110 021.
2 THE EMBASSY OF INDIA
P.O.BOX 1727, RUWI, POSTAL CODE 112, MUSCAT,
SULTANATE OF OMAN.
3 GOVERNMENT OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT, NON-RESIDENT KERALITES'
AFFAIRS DEPARTMENT, THIRUVANANTHAPURAM 695 001.
4 THE DISTRICT COLLECTOR
COLLECTORATE, THRISSUR 680001.
BY ADVS.
ASSISTANT SOLICITOR GENERAL
S.MANU
OTHER PRESENT:
SRI.S.MANU, ASGI, SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.22291/2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.22291 of 2016
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Dated this the 02nd day of March, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of mandamus or any
other appropriate writ, order or direction
directing the respondents to take necessary steps
for expediting the procedures for realization of
death compensation due to the petitioner as legal
heir from M/s.AL EKTISASYOON TRADING CO.
Muscat, Oman.
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction to the
respondents to inform the petitioner the present
position of the case.
iii. Issue any such other writ order or direction as
this Hon'ble Court deem fit in the interest of
justice. (SIC)
2. When this writ petition came up for consideration,
the learned ASGI representing respondents 1 and 2 submitted
that an e-mail is received from the Embassy Muscat to the
Ministry and the learned ASGI handed over the same to this
W.P.(C).No.22291/2016
Court. The contents in the e-mail is extracted hereunder:
"Please refer to the trailing mail. This is to inform
that Shri Shiju Pulikottil died on 3/05/2021 due to an
Road Traffic Accident (RTA) at Buraimi, Oman. The
case was allotted to M/s Rajab Al Kathiri Law Firm
on 28th May 2011. Embassy received Power of
Attorney from family on 28th June 2011. However, the
concerned lawyer informed this Mission that this
case was not coming under RTA and falls under
workmen compensation claim and the claim had to
proceed against the Employer. But, full whereabouts
of the employer were not available with the
authorities. Due to incomplete address of the
employer, the Primary Court couldn't serve summons
to him and case was put on hold by the said court.
On 16 November 2015, the law firm informed this
Mission that the case could not be proceeded in the
Primary Court due to the expiry of the Power of
Attorney.
2. In the meanwhile, Embassy took up the matter
with Ministry of Foreign Affairs, Sultanate of Oman
on 13th March 2016 for more details of the employer.
The Ministry replied with almost similar details as
was available with the Embassy. It also informed that
the deceased died due to an accident (falling of an
electric pole on the deceased). When details were
forwarded to the lawyer, he informed that it is still
insufficient. Later on, this case was transferred to
public prosecution and a decision was issued to close
W.P.(C).No.22291/2016
the file temporarily pending ongoing investigation
into the cause of death.
3. On 2nd November 2017, Embassy received a new
Power of Attorney from the legal heirs and the Legal
Heir certificate was handed over to the law firm on
14th November 2017. The law firm during September
2021 informed this Embassy that they have
registered a civil case against the employer and case
was due for hearing on 19 th October 2021. However,
due to a holiday in Oman, the date was rescheduled
on 1st November 2021. On 1 st November 2021, the
court was adjourned and the next date of hearing has
been fixed on 8th December 2021."
3. In the light of the same, it is clear that respondents
1 and 2 are taking steps to do the needful.
Therefore, recording the above e-mail, this writ petition
is closed.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.22291/2016
APPENDIX OF WP(C) 22291/2016
PETITIONER EXHIBITS
P1 TRUE COPY OF THE DEATH REGISTRATION
CERTIFICATE FROM EMBASSY OF INDIA
P2 TRUE COPY OF THE LETTER DATED 28.5.201
FROM 2ND RESPONDENT
P3 TRUE COPY OF THE POWER OF ATTONEY,
DATED 20.6.2011
P4 TRUE COPY OF THE LETTER DATED
26.4.2012 SENT BY THE ADDITIONAL
PRIVATE SECRETARY TO MINISTER OF
OVERSEAS INDIA AFFAIRS, NEW DELHI
P5 TRUE COPY OF THE LETTER DATED
8.10.2012 OF THE 2ND RESPONDENT
P6 TRUE COPY OF THE LETTER DATED
1.11.2012 OF THE 4TH RESPONDENT
INFORMING ABOUT TH ESTATUS OF THE CASE
P7 TRUE COPY OF THE LETTER DATED
26.4.2013 ISSUED BY THE 3RD RESPONDENT
OT THE AMBASSADOR OF INDIA, EMBASSY OF
INDIA, MUSCAT, SULTANATE OF OMAN
P8 TRUE COPY OF THE COMMUNICATION DATED
15.1.2014 ISUED BY THE 3RD RESPONDENT
TO THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE LETTER DATED
02/09/2020 FORWARDED BY THE PETITIONER
TO THE AMBASSADOR, EMBASSY OF INDIA IN
OMAN.
Exhibit P10 TRUE COPY OF THE REMINDER LETTER DATED
16/05/2021 FORWARDED BY THE PETITIONER
TO THE AMBASSADOR, EMBASSY OF INDIA IN
OMAN.
Exhibit P11 TRUE COPY OF THE RELEVANT PAGES OF THE
JUDGMENT IN WPC.14496/2020.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
11/06/2021 FORWARDED TO THE FIRST
RESPONDENT.
