IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 13253 of 2010(F) -------------------------- PETITIONER(S): --------------- K.M.SURENDRAN, AGED 58, S/O.MADHAVAN, KADAVATHU VEEDU, MARADU P.O., PIN 682304 (RETD.NURSING ASSISTANT, GOVERNMENT HOSPITAL, ERNAKULAM). BY ADV. SRI.K.S.MADHUSOODANAN SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. 3. DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. SUPERINTENDENT, GENERAL HOSPITAL, ERNAKULAM. SR. GP SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13253 of 2010 APPENDIX EXHIBITS EXT.P1- PHOTOCOPY OF THE CHALAN RECEIPT DATED 7.8.08 EXT.P2- PHOTOCOPY OF THE CERTIFICATE DATED 18.1.08 EXT.P3- PHOTOCOPY OF THE LETTER BEARING NO.LA3/VII/HBA/2093/Md138993/14 DATED 3.4.09 EXT.P4- PHOTOCOPY OF THE LETTER BEARING NO.LA3/VII/HBA/Md138993/1358 DATED 7.10.09 EXT.P5- PHOTOCOPY OF THE REPLY BEARING NO.B3-4371/91 DATED 8.3.10 EXT.P6- PHOTOCOPY OF LETTER BEARING NO.A3/VII/HBA/Md138993/1888 DATED 31.3.2010 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).13253/2010 -------------------- Dated this the 24th day of June, 2010 JUDGMENT Petitioner retired from service as a Nursing Assistant from the Government Hospital, Ernakulam. According to him, in 1991, he availed of a housing loan, the liability of which was cleared by Ext.P1. Ext.P2 is stated to be the utilization certificate issued by the Executive Engineer, PWD, Buildings Division, Ernakulam. However, in Exts.P3 and P4, the Accountant General took the stand that Ext.P2 utilization certificate was not received. Again the Accountant General issued Ext.P6, requiring the 3rd respondent to forward the utilization certificate, duly counter signed by the concerned authority. 2. On instructions, the learned Government Pleader submits that in pursuance to Ext.P6, a copy of utilization certificate duly counter signed has been forwarded to the Accountant General on 31.5.2010. If that be so, the impediment that is highlighted by the 2nd respondent no longer survives. W.P.(C).13253/10 2 Therefore I dispose of this writ petition directing that the 2nd respondent shall give the clearance certificate to the 3rd respondent, who in turn shall issue necessary orders for releasing the title deeds deposited by the petitioner and also disburse the amount of family benefit scheme. It is directed that the 3rd respondent shall issue necessary orders enabling the petitioner to receive the amount. This shall be done as expeditiously as possible, at any rate within two weeks of production of a copy of this judgment. ANTONY DOMINIC, Judge mrcs