Kerala High Court
Sheejamol vs State Of Kerala on 5 September, 2023
WP(C) No.26296/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Tuesday, the 5th day of September 2023 / 14th Bhadra, 1945
WP(C) NO. 26296 OF 2023(J)
PETITIONERS:
1. SHEEJAMOL, AGED 49 YEARS, W/O. BINOI GEORGE, CHERUKARA HOUSE, EROOR
WEST, TRIPUNITHURA, ERNAKULAM, PIN - 682306
2. SINDHU MATHEW, AGED 45 YEARS, D/O LATE M.X. MATHEW, MAPPUMCHERY
HOUSE, EROOR WEST P.O., TRIPUNITHURA, ERNAKULAM, PIN - 682306
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2. CHIEF ENGINEER ROADS AND BRIDGES, PUBLIC OFFICE, MUSEUM P.O,
THIRUVANANTHAPURAM, PIN - 695033
3. THE SUPERINTENDING ENGINEER PWD, ROADS AND BRIDGES, CENTRAL CIRCLE,
ALUVA, PIN - 683101
4. CHIEF POST MASTER (GENERAL), KERALA CIRCLE, PMG JUNCTION, NEAR
PLANETARIUM, TRIVANDRUM, PIN - 695033
5. SUB POST MASTER ALUVA TOWN BUS STAND, PIN - 683101
6. THE POST MASTER TRIPUNITHURA, ERNAKULAM, PIN - 682301
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 5th and 6th respondents to disburse amount to the
petitioners as per Exhibit P8 and P9 release letters on the basis of
Exhibit P6 Judgmnet of this Honourable Court, till the final disposal of
the Writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. R.DIVAKARAN, BINOI GEORGE (CHERUKARA), Advocates for the petitioners,
GOVERNMENT PLEADER for the 1st respondent and of SRI. MANU S. DEPUTY
SOLICITOR GENERAL OF INDIA for respondents 4 to 6, the court passed the
following:
WP(C) No.26296/2023 2/3
RAJA VIJAYARAGHAVAN V, J.
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W.P.(C) No.26296 of 2023
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Dated this the 5th day of September, 2023
ORDER
The learned Government Pleader submits that in terms of the directions
issued by this Court in Ext.P6 judgment, the Superintending Engineer has
issued Exts.P8 and P9 to the Sub Post Master, Aluva requesting that the
amounts be disbursed to the legal heirs of late Sri.M.H.Mathew.
2. The learned DSGI submitted that the amount can be disbursed if the
petitioner submits a legal heirship certificate and a succession certificate.
3. Sri. Divakaran, the learned counsel, points out that it is only in
respect of amounts in excess of Rs.5,00,000/- that a succession certificate can
be insisted with.
The learned DSGI seeks an adjournment to get instructions in this
regard.
Post on 7.9.2023.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
jes
05-09-2023 /True Copy/ Assistant Registrar
WP(C) No.26296/2023 3/3
APPENDIX OF WP(C) 26296/2023
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED 16.06.2021 IN WPC
NO. 8860/2021 OF THE HONOURABLE HIGH COURT OF KERALA
Exhibit P8 THE TRUE COPY OF THE RELEASE LETTER NO. FCR/6803/95
DATED 19.12.2022 ISSUED BY THE 3RD RESPONDENT, TO THE
5TH RESPONDENT.
Exhibit P9 THE COPY OF THE RELEASE LETTER NO. FCR/6803/95 DATED
19.12.2022 ISSUED BY THE SUPERINTENDING ENGINEER, ALUVA
05-09-2023 /True Copy/ Assistant Registrar
