IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 2700 of 2010(J) ------------------------- PETITIONER(S): --------------- 1. LUXY P.J., W/O.T.O.ALEXANDER, THOMMASSERY HOUSE, 12/340, SUJATHA ROAD, PANDIKKUDY, KOCHI-2. 2. P.J.JANCY, PADATHPARAMBU, 10/839, AMARAVATHY, FORT KOCHI-1. 3. VIRONY, W/O.ANTONY, THOMMASSERY HOUSE, 12/340, SUJATHA ROAD, PANDIKKUDY, KOCHI-2. BY ADV. SRI.RAJU ABRAHAM PULPARA RESPONDENT(S): --------------- 1. THE SECRETARY, CORPORATION OF KOCHI, KOCHI-682011. 2. THE MANAGER, THE ERNAKULAM DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.1786, MATTANCHERRY BRANCH, KOCHI-16. 3. THE MANAGER, PALLURUTHY MANDALAM SERVICE CO-OPERATIVE BANK LTD. NO.65, KOCHI-682 006. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R1 SRI.P.V.SURENDRANATH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 2700/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE DEATH CERTIFICATE. P2. COPY OF THE HEIRSHIP CERTIFICATE DTD.7.2.06. P3. COPY OF THE LETTER DTD.23.8.06 BY R3. P4. COPY OF THE PETITION BY P1 TO R1. P5. COPY OF THE DEMAND NOTICE DTD.26.9.06. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE SALARY CERTIFICATE DTD.2.12.87. R2B. COPY OF THE AWARD IN ARC NO.813/99. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 2700 of 2010 ================== Dated this the 22nd day of February, 2011 J U D G M E N T The petitioners are the legal heirs of one P.A.Yohannan, who was a Cartman in the Corporation of Kochi. He died on 9.11.2005. The terminal benefits due to the said Yohannan were disbursed to the petitioners. But an amount of ` 49,293/- is due towards DA arrears, which has not yet been paid. The petitioners filed this writ petition complaining that despite producing Ext.P2 legal heirship certificate, the 1st respondent is not disbursing the amounts due as D.A. arrears to late Yohannan. The petitioners, therefore, seek the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exhibit P4 and pass appropriate orders: ii) issue a writ of mandamus or any other appropriate writ, direction or order directing 1st respondent to disburse the entire D.A. arrears of late Sri.P.A.Yohannan with interest; iii) issue a writ of mandamus, directing 1st respondent to furnish the details required by Exhibit P4.” 2. The Corporation has filed a counter affidavit, wherein it is admitted that the said amount of ` 49,293/- is due as arrears to the legal heirs of late Yohannan. According to them, the said Yohannan was a surety for loan amounts due to respondents 2 and 3 from co- employees of late Yohannan. Respondents 2 and 3 have requested the Corporation not to disburse the D.A. arrears due to late Yohannan until w.p.c.2700/2010 2 the loan amounts due to them are completed paid off, is their contention. The 2nd respondent has filed a counter affidavit contending that an amount of ` 7321/- is due to them as per Ext.R2(b) award of the Arbitrator under the Kerala Co-operative Societies Act. The said Yohannan had executed Ext.R2(a) agreement, wherein he had agreed that the amounts due as per the loan account may be deducted from his salary. The 3rd respondent has not chosen to contest the writ petition. Therefore, I am inclined to assume that they have no claim over the amounts in question. In view of Ext.R2(a) agreement, the legal heirs of late Yohannan cannot now contend that the amounts due to the 2nd respondent cannot be deducted from the D.A. arrears of the late Yohannan. That amount would come to only ` 7321/-. Of course, the learned counsel for the petitioners submits that further amounts have been recovered towards the loan account from other sureties and, therefore, the amounts due would not come to ` 7321/-. Whatever that be, I am of opinion that insofar as, before me, the claim of respondents 2 and 3 is only for ` 7321/-, there cannot be any impediment for the 1st respondent to disburse the amounts due as DA arrears of late Yohannan after retaining the said amount of ` 7321/-. Accordingly, the 1st respondent is directed to disburse the DA arrears due, to the legal heirs of late Yohannan after retaining an amount of ` 7321/- therefrom, within two weeks from the date of receipt of a w.p.c.2700/2010 3 certified copy of this judgment. Within two weeks from the date of receipt of a copy of this judgment, the 2nd respondent shall forward a statement of accounts of the balance amounts due to them under Ext.R2(b). If, as per the statement of accounts, the amount is less than ` 7321/-, the said amount shall also be disbursed to the legal heirs of late Yohannan. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge