Mulankadakam Ravindran N vs State Of Kerala
2024 Latest Caselaw 13239 Ker

Kerala High Court

Mulankadakam Ravindran N vs State Of Kerala on 23 May, 2024

Author: P Gopinath

Bench: P Gopinath

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 21125 OF 2021
PETITIONER:

          MULANKADAKAM RAVINDRAN N.
          AGED 80 YEARS
          PANATTAYYATHU VEEDU, RESIDENCE NO.9, AKSHARA NAGAR,
          MULAMKADAKAM, THIRUMULLAVARAM P.O., KOLLAM - 691
          012.

          BY ADV P.SIVARAJ



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, SOCIAL WELFARE
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     UNION OF REPRESENTED BY SECRETARY
          MINISTRY OF CULTURAL AFFAIRS, GOVERNMENT OF INDIA,
          SHASTRI BHAVAN, NEW DELHI - 110 001.

    3     THE MANAGER
          LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL
          OFFICE, 1, JEEVANPRAKASH BLDG., 5TH FLOOR, 25
          K.G.MARG, NEW DELHI - 110 001.

    4     THE DISTRICT COLLECTOR
          KOLLAM, COLLECTORATE, CIVIL STATION, KOLLAM - 691
          013.

          BY ADVS.
          T.V.AJAYAKUMAR
          P.H.RIMJU


OTHER PRESENT:

          SRI. VENUGOPAL V (GP)


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.21125/2021                      2

                               JUDGMENT

This writ petition was filed by the petitioner being aggrieved by the

fact that the pension payable to him under the Scheme for Pension and

Medical Aid to Artists which he was receiving regularly till April, 2018 is

not being paid after April, 2018. The 3 rd respondent has filed a counter

affidavit where, in paragraphs 6 and 7, it is stated as follows:-

"6. It is submitted that thereafter a copy of the report of the District Collector, Kollam dated 20-2-2019 was received by the 3rd respondent from the 1™ respondent along with the two income certificates of Rs.24. 000/- of the petitioner for releasing the arrears of Artists Pension amount stopped due to the production of income certificate of Rs.50,000/- on 6-6- 2018. In view of the above certificate, the 2nd respondent Government of India directed the 3rd respondent to regularize the same at the earliest and send a combined report at the earliest. Accordingly, as per the communication dated 1"

August 2019 received from the 2nd Respondent Government of India, an amount of Rs 42,000/- being the annuity for the period from 01/05/2018 to 01/04/2019 (12 installments @ Rs 3500/- per month) was paid to the Petitioner on 16/01/2020 by the respondent Corporation. Subsequently the annuity of Rs.1,08,500/- due for the period 1-5-2019 to 1-11-2021 was released by the 3rd respondent to the Canara Bank account of the petitioner ending with 4774 on 5-11-2021. Now the annuity would be released regularly with effect from 1-12-2021 to 1-4- 2022. It is also submitted that for annuity payable with effect from 1-5-2022, the petitioner will again be required to submit digital life certificate and digital income certificate both dated 1-4-2022 or thereafter. This respondent cannot release the Benefits under the Scheme suo moto unless it receives the list of beneficiaries and sufficient Fund for this purpose from the 2nd Respondent Government of India as the entire Scheme is funded by them subject to submission of satisfactory income certificate and digital life certificate. In the above circumstances it is humbly submitted that there was no lapses or omission on the part of the 3rd respondent in this regard. The petitioner himself has admitted the mistake on his part in sending the representation to the proper authority. Hence it is

submitted that the delay in releasing the annuity to the petitioner was caused in the aforesaid circumstances.

7. In the above circumstances it is humbly submitted that the grievance of the petitioner is fully redressed and there is no surviving grievance for the petitioner in the above Writ Petition. Hence the above Writ Petition has become infructuous. Therefore it is humbly prayed that this Hon'ble Court may be pleased to dismiss the above Writ Petition as against this respondent."

In the light of the statements contained in paragraphs 6 and 7 of

the counter affidavit filed by the 3rd respondent, I am of the view that

nothing further survives for consideration in this writ petition. It is

accordingly closed making it clear that, if the petitioner has any

subsisting grievance, it will be open to the petitioner to approach the

competent authority.

Sd/-

GOPINATH P. JUDGE acd

APPENDIX OF WP(C) 21125/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF JUDGMENT DTD. 22/11/2018 IN W.P.(C) NO.27818 OF 2018 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF REPRESENTATION DATED 08/08/2021 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT.