IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 6604 of 2007(J) ----------------------------------- PETITIONERS: --------------------- 1. FLORENCIA ELIAS, HOUSE NO.22, TC.1/203, ST.STEPHENS LANE, PALLITHURA, THIRUVANANTHAPURAM. 2. GODWIN ELIAS, AGED 19 YEARS, S/O.LATE G. ELIAS, HOUSE NO.22, TC.1/203, ST.STEPHENS LANE, PALLITHURA, THIRUVANANTHAPURAM. 3. SALWIN ELIAS, AGED 14 YEARS, S/O.LATE G. ELIAS (MINOR, REPRESENTED BY MOTHER FLORENCIA ELIAS) HOUSE NO.22, T.C.1/203, ST.STEPHENS LANE, PALLITHURA, THIRUVANANTHAPURAM. 4. MELWIN ELIAS, AGED 9 YEARS, S/O.LATE G. ELIAS (MINOR, REPRESENTED BY MOTHER FLORENCIA ELIAS) HOUSE NO.22, TC.1/203, ST.STEPHENS LANE, PALLITHURA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE CHIEF ACCOUNTS OFFICER, INDIAN AUDIT & ACCOUNTS DEPT., O/O.THE ACCOUNTANT GENERAL KERALA, M.G. ROAD, THIRUVANANTHAPURAM. 4. THE JOINT DIRECTOR, KERALA STATE HIGHWAY RESEARCH INSTITUTE, KARIYAVATTOM, THIRUVANANTHAPURAM. SRI. V. TEK CHAND, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6604/ 2007 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY ON 5/03/2006. EXHIBIT P2: TRUE COPY OF THE POST MORTEM REPORT DATED 5/03/2006. EXHIBIT P3: TRUE COPY OF THE SERVICE DETAILS DATD 14/11/2006. EXHIBIT P4: TRUE COPY OF HEIRSHIP CERTIFICATE DATED 24/06/2006. EXHIBIT P5: TRUE COPY OF THE COMMUNICATION DATED 24/01/2007. EXHIBIT P6: TRUE COPY OF ITEM PUBLISHED IN MALAYALA MANORAMA DAILY ON 15/02/2007. /TRUE COPY/ P.A. TO JUDGE pac P.R.RAMACHANDRA MENON, J. --------------------------------------- W.P.(C) No.6604 OF 2007 --------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT The petitioner's husband, while returning home from the place of work, was knocked down on the road by a KSRTC bus causing serious injuries leading to his death on 04.03.2006. The grievance of the petitioner is that the respondents 3 and 4 have refused to disburse the GPF closure amount mentioned under Ext.P5, insisting for production of guardianship certificate and further against the non-disbursement of the ex-gratia amount of Rs.50,000/- promised as payable to the dependants of the victim by the second respondent/District Collector, as appeared in Ext.P1 newspaper report. 2. When the above matter came up for admission before this Court on 27.02.2007, instruction was sought for as to the availability of the said sum of Rs.50,000/- payable as ex-gratia, and as to the other reliefs prayed for. Subsequently, an interim order was passed on 21.03.2007 observing that, if 'heirship certificate' is produced following Ext.P5, 'guardianship certificate' need not be insisted, on the petitioner's executing W.P.(C) No.6604 of 2007 2 an indemnity bond for the collection of funds on behalf of the minor children as well. The learned counsel for the petitioners submits that the first prayer sought for in the writ petition stands satisfied particularly in the light of the interim order passed by this Court on 21.03.2007. With regard to the second relief prayed for, the learned counsel submits that the petitioner has been given only a sum of Rs.10,000/- and the remaining extent of 40,000/- is still due. 3. No counter affidavit has been filed from the part of the respondents and no instruction is available as to the extent or availability of Rs.50,000/- stated as payable towards ex-gratia as proclaimed by the second respondent/District Collector vide Ext.P1 newspaper report. Even though this Court is well aware that no reliance can be placed on such newspaper reports and no decision can be arrived at on that basis, it is reasonably presumed that the declaration as above was made by the second respondent/District Collector taking note of the availability by such amounts. More so, when no counter affidavit has been filed by the said respondent, in spite of the instructions sought for by this Court as observed in the W.P.(C) No.6604 of 2007 3 proceedings dated 27.02.2007. 4. In the above facts and circumstances, the second respondent is hereby directed to consider the claim of the petitioners for obtaining the balance amount of Rs.40,000/- payable as ex-gratia amount in respect of the death of the first petitioner's husband caused in the road accident on 04.03.2006 and the amount if any found payable, shall be disbursed as early as possible and at any rate within three months from the date of receipt of copy of the judgment. The petitioners shall produce a copy of the judgment before the second respondent for proceeding with further steps. The writ petition is disposed of. P.R.RAMACHANDRA MENON JUDGE pac