M. A Tomy vs Deputy Accountant General ...
2023 Latest Caselaw 6089 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                  WP(C) NO. 13935 OF 2023
PETITIONER/S:

          M. A TOMY
          AGED 69 YEARS
          SON OF M.I. ANTONY (LATE), MANAVALAN HOUSE.
          NAVARESHMI NAGAR. EDATHALA P.0, ALUVA, ERNAKULAM
          DISTRICT, PIN - 683561
          BY ADV ANILA UMESH


RESPONDENT/S:

    1     DEPUTY ACCOUNTANT GENERAL (PENSION)
          IN THE OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL
          (A&E), THIRUVANANTHAPURAM, PIN - 695001
    2     STATE COMMISSIONER
          STATE COMMISSIONERATE FOR PERSONS WITH
          DISABILITIES, ANJANEYA T.C -9/1023 (1), GROUND
          FLOOR, SASTHAAANGALAM, THIRUVANANTHAPURAM, PIN -
          695010
    3     DISTRICT EDUCATION DEPUTY DIRECTOR
          SECOND FLOOR, CIVIL STATION, THRIKKAKARA,
          KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
    4     THE PRINCIPAL ST. THOMAS HIGHER SECONDARY SCHOOL
          NORTH AYROOR P.O., PIN - 683579
    5     THE PRINCIPAL ACCOUNTANT GENERAL (A& E) ( SOUGHT
          TO BE IMPLEADED )
          THE OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL
          (A&E), CANTONMENT STATION RD, STATUE, PALAYAM,
          THIRUVANANTHAPURAM, KERALA THIRUVANANTHAPURAM
          ( SOUGHT TO BE IMPLEADED )
    6     DISTRICT DIRECTOR OF EDUCATION ( SOUGHT TO BE
          IMPLEADED )
          CIVIL STATION, THRIKKAKARA, KAKKANAD, ERNAKULAM
          DISTRICT ( SOUGHT TO BE IMPLEADED )
          BY ADV ANILA UMESH
                                         -2-
W.P.(C). No. 13935 of 2023




OTHER PRESENT:

               SR.ADV.SRI.T.P.M.IBRAHIM KHAN
               SMT.SURYA BINOY, GP


        THIS       WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON     09.06.2023,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 13935 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 13935 of 2023
                         =============================================================

                        Dated this the 9th day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"(i). To issue a writ of mandamus directing the 1st Respondent to consider the Exhibit P-7 representation to process Exhibit P-4 application and complete the necessary proceedings for disbursal of the pension due to the Petitioners sister within a time frame stipulated by this Honourable Court;

(ii). To dispense with the English translation of vernacular documents; And

(iii). To issue any other appropriate writ, order or direction to meet out justice under the circumstances of above case." (sic)

2. When this writ petition came up for consideration, both

sides submitted that the petitioner already obtained family pension. If

that be so, nothing survives in this writ petition.

Recording the above submission, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 13935 of 2023

APPENDIX OF WP(C) 13935/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GUARDIANSHIP CERTIFICATE NO. H3-12084/19/K.DIS DATED 14.11.2019, ISSUED BY THE TAHSILDAR, ALUVA Exhibit2 A TRUE COPY OF THE DISABILITY CERTIFICATE NO. C2-MB/1870/17 DATED 20.07.2017, ISSUED BY THE DISTRICT MEDICAL BOARD ERNAKULAM Exhibit P3 A TRUE COPY OF THE APPLICATION NO.

27816 DATED 23.11.2019 Exhibit P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 23.11.2021 Exhibit P5 TRUE COPY OF THE COMMUNICATION REPORT NO. D5/18052/2020 ISSUED BY THE 3RD RESPONDENT TO THE OFFICE OF THE. 2ND RESPONDENT DATED 14.09.2022 Exhibit P6 A TRUE COPY OF THE APPLICATION MADE UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER OF THE 1ST RESPONDENT OFFICE DATED 19.12.2022 Exhibit P7 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01.04.2023,