IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 OP.No. 30321 of 2002(I) ----------------------- PETITIONER(S): --------------- PECHY LEELA, DR. AMBEDKER NAGAR, T.C. 20/1773, THAMALAM, POOJAPPURA P.O., THIRUVANANTHAPURAM BY ADV. SRI.M.BALAGOVINDAN SRI.P.M.JOSEPH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, THIRUVANANTHAPURAM 2. THE DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM 3. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM CORPORATION BUILDING, THIRUVANANTHAPURAM ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. FOR R3 GOVERNMENT PLEADER SNT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P. NO. 30321/2002. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE ISSUED BY THE TAHSILDAR. EXT.P2 TRUE COPY OF DEATH CERTIFICATE. EXT.P3 NO OBJECTION CERTIFICATE. EXT.P4 TRUE COPY OF CERTIFICATE. EXT.P5 CERTIFICATE DT 17-1-2000. EXT.P6 COPY OPF COMMUNITY CERTIFICATE. EXT.P7 COMMUNICATION DT. 27-4-2002. EXT.P8 GOVT. ORDER DT. 30-3-1995. EXT.P9 COPY OF COMMUNICATION. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 30321 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st April, 2009. J U D G M E N T The petitioner has filed this original petition seeking the following reliefs: “a. Call for the records leading to the passing of Ext. P7 and quash the same by issuing writ of certiorari or any other appropriate writ, direction or order. b. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 2 & 3 to give provident fund benefits of deceased Thankamma who was an employee of the 3rd respondent died on 26-12-95 while in service to her legal heirs including the petitioner on the basis of Ext. P1 without further delay.” 2. On 30-10-2002, this Court passed an interim order in the original petition to the following effect: “The petition is filed for a direction to the respondents to pay the provident fund amount due to the petitioner as who is one of the legal heirs of deceased Pechy Thankamma who died on 26- 12-1995 while in service. Ext. P1 is the certificate showing the legal heirs of the deceased. It is seen from Ext. P1 that the petitioner is one of the legal heirs. The counsel for the petitioner submits that even though Ext. P1 has been produced before the 3rd respondent, he is not disbursing the provident fund amount to the petitioner. Learned counsel for the 3rd respondent submits that the certificates which are required for disbursement of the provident fund amount have already been forwarded to the 2nd respondent. 2. From the above circumstances, this Court is of the view that a direction can be given to the 2nd respondent to disburse the provident fund amount to the petitioner within a reasonable time. Therefore, the 2nd respondent is directed to disburse the provident fund amount to the petitioner on the basis of Ext. P1 accepting the consent letter of all the other legal heirs whose names are mentioned therein. The 2nd respondent will disburse the provident fund amount to the petitioner within one month from the date of receipt of the consent letter.” 3. Today, when the matter was taken up, none appears for the petitioner. Counsel for the 3rd respondent is present and he was O.P.No.30321/02. -: 2 :- heard. I am of opinion that in view of the interim order as above, no further orders are necessary in this original petition. Therefore, the original petition is disposed of in terms of the interim order. Sd/- S. Siri Jagan, Judge. Tds/