IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 7313 of 2004(U) ------------------------- PETITIONER(S): --------------- DEVIKA ASOKAN, ELLUVILA VEEDU, PULLANIKODU P.O., VIA.EDAVA, VARKALA. BY ADV. SRI.M.BALAGOVINDAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, NON RESIDENT KERALITES AFFAIRS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 2. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, (DIPLOMATIC BAG SECTION) NEW DELHI R1 BY G.P. SRI. P.K. RAVIKRISHNAN ADV. SRI.JOHN VARGHESE, SCGSC FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE RELEVANT PORTION OF THE PASSPORT OF PETITIONER'S HUSBAND. EXT.P2 TRUE COPYOF THE INTIMATION ISSUED BY THE DUBAI POLICE STATION DATED 21.6.2003 EXT.P3 TRUE COPY OF THE NOC ISSUED BY THE CONSULATE GENERAL OF INDIA ON 21.7.2003 EXT.P4 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO CONSULATE GENERAL OF INDIA DATED 20.8.2003 EXT.P5 TRUE COPY OF THE LETTER OF RECOMMENDATION ISSUED BY THE FIRST RESPONDENT DATED 20.11.2003 RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF LETTER DATED 30.11.2004 ISSUED BYCONSULATE GENERAL OF INDIA, DUBAI EXT.R2(b) TRUE COPY OF LETTER DATED 31.7.2004 ISSUED BY CONSULATE GENERAL OF INDIA, DUBAI EXT.R2(c) TRUE COPY OF LETTER ISSUED BY THE DISTRICT COLLECTOR, TRIVANDRUM DATED 19.8.2004 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 7313 OF 2004 -------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT The prayer in the Writ Petition is for direction to respondent to get eligible compensation from the insurance company for the petitioner for the death of her husband in middle-east. It is seen from the communication produced by the second respondent issued from the Consulate General of India on 30.11.2004 that an amount of Rs. 45145/- was forwarded to the District Collector, Thiruvananthapuram, for payment to the legal heirs of the deceased. According to the petitioner, petitioner and her children are only legal heirs of the deceased. It is very strange that District Collector has not taken any steps to trace the legal heirs and release payment for the last five years. I feel if the amount is not deposited in any Bank to earn interest, interest should be made payable by the District Collector who was in charge of the office at that time. W.P. is accordingly disposed of directing the District Collector, Thiruvananthapuram, to immediately call for report from the Tahsildar, 2 confirm that petitioner is wife and legal heir of the deceased, Sri. Asokan, son of Pushkarakshan and to release payment immediately to her and file a compliance report in this Court. The amount should be paid with interest at 12% per annum for the period commencing after three months from the date of receipt of the amount from the Consulate General of India. Government will recover interest from the District Collector who was in charge of the office when the amount was received in that office. Compliance report should be filed in this Court within six weeks from the date of receipt of a copy of this judgment. Petitioner will produce a copy of this judgment before the District Collector for compliance. Post after three months. (C.N. RAMACHANDRAN NAIR) Judge kk 3