IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31206 of 2009(U) --------------------------------------- PETITIONER: ------------------- SHIBU, AGED 24, S/O. NANU, PILAVULLATHIL HOUSE, MOKERI.P.O, KAKKATTIL VIA, VADAKARA TALUK. BY ADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, MR.K.RAVI (PARIYARATH). RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. 3. THE ASSISTANT TRANSPORT OFFICER, THOTTILPALAM, DEPO, VATAKARA. R1 TO R3 BY MR. V.V. NANDAGOPAL NAMBIAR. S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31206 of 2009-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2009. JUDGMENT Petitioner holds out a Will. He says that he is the legatee under that Will. He pleads that the said Will is a registered one, executed by his uncle who died while serving KSRTC. According to the petitioner, even if there is any nomination in the service records, the benefits have to come in favour of the true owner of the estate. Taking the entire materials and pleadings on the face of it, I do not deem it appropriate to have the matter decided at the hands of the Managing Director of KSRTC. If the petitioner has the right to claim the money lying with the KSRTC, he has to seek appropriate remedies from the competent courts or seek relief, if the KSRTC deposits the funds before any court in WPC31206/09 -: 2 :- interpleader proceedings. Having regard to the fact that Sri.Balan died in 2006 November, it is ordered that the retiral benefits due to his estate shall be deposited before the competent civil court by recourse to Order XXXV of the Code of Civil Procedure(interpleader proceedings) in due turn in terms of the directions of the Division Bench, unless the claim to that amount becomes subject matter of court proceedings with notice to KSRTC. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/1911