Kerala High Court
Jalajakshi Amma vs The Assistant Registrar on 12 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15029 OF 2017
PETITIONER:
JALAJAKSHI AMMA
W/O. LATE SREEDHARAN NAIR, MULLASSERY
KIZHAKKATHIL VEEDU,SOORANAD VADAKKU,
KUNNATHOOR,KOLLAM DISTRICT.
BY ADV SRI.B.MOHANLAL
RESPONDENTS:
1 THE ASSISTANT REGISTRAR, SASTHAMCOTTAH,
SASTHAMCOTTAH P.O., KOLLAM - 691 001.
2 THE SOORANAD GRAMODHARANA SERVICE CO-OPERATIVE
BANK LIMITED NO.3947
SOORANAD VADAKKU, ANAYADI P.O.,KOLLAM,
REPRESENTED BY ITS SECRETARY,PIN - 691 006.
3 RADHIKA RADHIKA KUMARI, W/O. LATE VASUDEVAN NAIR,
CHERIYAKKARA VEEDU,KUREEPUZHA WEST, KAVANAD
P.O.,KOLLAM WEST VILLAGE, KOLLAM - 691 010.
4 AKSHAYA V.R, D/O. LATE VASUDEVAN NAIR,
CHERIYAKKARA VEEDU,KUREEPUZHA WEST, KAVANAD
P.O.,KOLLAM WEST VILLAGE, KOLLAM - 691 010.
5 AKSHAY V.R, S/O. LATE VASUDEVAN NAIR,
CHERIYAKKARA VEEDU,KUREEPUZHA WEST, KAVANAD
P.O.,KOLLAM WEST VILLAGE, KOLLAM - 691 010.
BY ADVS.
SRI.GEORGE VARGHESE (MANACHIRACKEL)
SRI.GEORGE VARGHESE MANACHIRACKEL
SRI.P.R.MILTON
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Sathish Ninan, J.
==============================
W.P.(C).No.15029 of 2017
==========================
Dated this the 12th day of April, 2024
JUDGMENT
The writ petition is filed seeking the following
reliefs:
"i) To call for the records leading to the Petitioner's
case from the 2nd Respondent.
ii. To issue a writ of mandamus or other appropriate writ
order or direction commanding the Respondents 1 and 2 to
disburse the claim of the Petitioner towards pensionary
benefits, Provident Fund, Gratuity and other benefits of
her Late Son Sri.S.Vasudevan Nair within a stipulated time
as directed by this Hon'ble Court.
iii. To declare that the Petitioner is entitled to get
1/4th claim of Pensionary benefits, Provident Fund,
Gratuity and other benefits of her Late Son Sri.S.Vasudevan
Nair from Respondents 1 and 2 as per the Provisions of the
Hindu Succession Act, Kerala Co-Operative Societies Act and
Kerala Service Rules.
iv. To declare that Ext.P4 Order of the Family Court,
Chavara will not stand in the way of the Respondents 1 and
2 from disbursing the 1/4th claim of Pensionary benefits,
Provident Fund, Gratuity and other benefits of the
Petitioner's Late Son Sri.S.Vasudevan Nair.
V. To issue such other reliefs as this Hon'ble Court may
deem fit and proper in the circumstances of the case."
2. Petitioner is the mother of late
Sri.S.Vasudevan Nair. Respondents 3 to 5 are the wife
-: 2 :-
and children of Sri.S.Vasudevan Nair. The petitioner
approached this Court in the light of Ext.P4 order of
the Family Court, Chavara in O.P.No.1175/2016, which
was initiated by Respondents 3 to 5, restraining
disbursal of the benefits payable to the legal heirs
of S.Vasudevan Nair.
3. It is reported that, pending the writ
petition, the Family Court has disposed of
O.P.No.1175/2016.
In the light thereof, the writ petition is
ordered directing that the authorities will abide by
the decision rendered by the Family Court in
O.P.No.1175/2016.
Sd/-
Sathish Ninan, Judge
rsr
-: 3 :-
APPENDIX OF WP(C) 15029/2017
PETITIONER EXHIBITS
EXT.P1 THE TRUE COPY OF THE DEATH CERTIFICATE
OF THE PETITIONER'S SON ISSUED BY THE
REGISTRAR AND BIRTHS AND DEATHS,
SOORANAD NORTH GRAMA PANCHAYATH TO THE
PETITIONER.
EXT.P2 THE TRUE COPY OF THE REPLYT NO.
945/2016 DATED 30.11.2016 ISSUED BY THE
1ST RESPONDENT TO THE PETITIONER.
EXT.P3 THE TRUE COPY OF THE APPLICATION DATED
19.4.2017 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT AND THE
PRESIDENT OF THE COMMITTEE OF THE 2ND
RESPONDENT BANK.
EXT.P4 THE TRUE COPY OF THE ORDER IN IA NO.
2240/2016 IN OP NO. 1175/2016 DATED
03.12.2016 OF THE FAMILY COURT,
CHAVARA.
