IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 36946 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. P.A.VASANTHI, W/O.PREMAN (LATE), N.K.QUARTERS, NEAR S.F.S.SCHOOL OTTAMAVU, THANA P.O., KANNUR DIST. 2. SRUTHI.P., D/O.PREMAN (LATE), N.K.QUARTERS, NEAR S.F.S.SCHOOL OTTAMAVU, THANA P.O., KANNUR DIST. 3. VISHRUTH.P., S/O.PREMAN (LATE), N.K.QUARTERS, NEAR S.F.S.SCHOOL OTTAMAVU, THANA P.O., KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, KANNUR. 4. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 5. THE DISTRICT TREASURY OFFICER, KANNUR. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.36946 of 2009 ------------------------------------------- Dated this the 5th day of January, 2010 JUDGMENT The petitioners are the legal heirs of Sri.Preman who died on 27.10.2007. He retired as an ASI from the Payyannur Police Station on 30.4.2007. While he was seriously ill due to Kidney trouble, he had applied for the disbursement of the non refundable advance of Rs.50,000/- from his GPF account. He was not paid the said amount. After his retirement, he had been paid his GPF amount, but the amount was paid after deducting an amount of Rs.50,000/- which was treated as non refundable advance. Late Preman himself had disputed the action treating the above mentioned amount as non refundable advance. In this Writ Petition, the petitioners seek for disbursement of the said amount retained as stated above. 2. The Government Pleader on instructions submits that the GPF closure application of late Sri.Preman was authorised withholding an amount of Rs.50,000/- with the object of avoiding hardship to the subscriber. She was requested to verify the account number and to intimate the name and W.P.(C)No.369462009 2 address of the subscriber to whom non refundable advance was to be disbursed. It is submitted by the Government Pleader that though the intimation was sent, the third respondent had not furnished the necessary details that were sought for by the Accountant General. Though Ext.P7 shows that such an intimation had been sent on 5.10.2009, it appears that the said intimation has not been received by the Accountant General, she says. However, if such an intimation is sent again, the amount would be disbursed within a short while, it is submitted. In view of the above submission, this Writ Petition is disposed of directing the third respondent to sent a fresh intimation similar to Ext.P7 as early as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. The fourth respondent shall take necessary action to disburse the non-refundable advance due to the petitioners, expeditiously and at any rate within a period of one month thereafter. K.SURENDRA MOHAN, JUDGE css/