IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 30704 of 2007(E) ---------------------------------------- PETITIONER(S): ------------------------ S.USHAKUMARI, CHANDRA BHAVANAM, MUTHUKULAM NORTH, CHOOLATHERUVU P.O., ALAPPUZHA DISTRICT. BY ADVS. MR.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENT(S): -------------------------- 1. THE MUTHUKULAM NORTH COIR VYAVASAYA CO-OPERATIVE SOCIETY LIMITED NO.164, REPRESENTED BY ITS SECRETARY, POST OFFICE CHOOLATHERUVU, ALAPPUZHA DISTRICT. 2. PROJECT OFFICER (COIR), COIR PROJECT OFFICE, KAYAMKULAM, ALAPPUZHA DISTRICT. 3. THE DIRECTOR OF COIR DEVELOPMENT, DIRECTORATE OF COIR DEVELOPMENT, THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM. R1 BY ADV. MR.S.SHANAVAS KHAN R2 TO R4 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30704/2007 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE KERALA STATE CO-OPERATIVE EMPLOYEES WELFARE FUND BOARD DTD. 3/06/2002. EXT.P2: COPY OF THE VOUCHER EVIDENCING THE RECEIPT OF SAID AMOUNT BY THE PETITIONER DTD. NIL. EXT.P3: COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT DTD. 19/06/2007. EXT.P4: COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT TO THE PETITIONER DTD. 5/06/2007. EXT.P5: COPY OF THE PETITION SUBMITTED BY THE PETITIONER DTD. 28/06/2007. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE ARTICLES OF AGREEMENT DTD. 21/03/07 EXECUTED BETWEEN THE SOCIETY AND THE GOVERNMENT. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30704 of 2007-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. JUDGMENT 1.The petitioner's husband died while serving the first respondent. She states that the amounts due to the estate of her husband, including arrears of salary, bonus, leave surrender value, gratuity, EPF etc. have not been disbursed. The petitioner has two children. She accordingly seeks directions. 2.The first respondent has filed a counter affidavit stating that it is in a precarious situation as regards finances. It was closed down from 6.11.2001 to 22.7.2004. Now, it has Ext.R1 (a) agreement from 2007 by which the Government has granted certain funds for revitalization of the first respondent. WP(C)30704/2007 -: 2 :- 3.I do not deem it advisable for this Court to issue any direction as of now. Hence, this writ petition is disposed of without prejudice to the right of the petitioner to move the appropriate statutory authorities in accordance with law for appropriate relief in relation to amounts, including any pensionary benefits that will be due to the estate of the late husband of the petitioner. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/120309