IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 38006 of 2010(A) ---------------------------------------- PETITIONER(S): ----------------------- METILDA, W/O.LATE PAPPACHAN, POYPPALLI VILAKATH, POZHIYOOR P.O., SOUTH KOLLAMKODU, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.SASIDHARAN UNNITHAN RESPONDENT(S): -------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM-695023. 2. THE SECRETARY, K.S.T.WORKERS CO-OP. SOCIETY LTD.NO.T.133, THIRUVANANTHAPURAM. 3. BABURAJ, PARATHIYOORPARA, MINI HOUSE, PUTHIYATHURA P.O., THIRUVANANTHAPURAM DISTRICT - 695526. 4. T.AJI KUMAR, SREYAS, MANNAMVILA, VATTAVILA P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 132. R1 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC KSRTC R2 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETIES R3 & R4 BY SRI.K.P.JUSTINE (KARIPAT) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.38006/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE DEATH CERTIFICATE ISSUED BY THE KULATHOOR GRAMAPANCHAYAT. P2:- COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED TO THE PETITIONER. P3:- COPY OF THE PLAINT IN ARBITRATION CASE NO.1862/2010. P4:- COPY OF THE CONSENT DEED EXECUTED BY THE PETITIONER. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.38006 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 J U D G M E N T The petitioner is the widow of one Sri. Pappachan, who died in harness while working as inspector in Kerala State Road Transport Corporation(for short 'Corporation') on 24.8.2009. He had availed 2 loans from the second respondent Society. On account of failure on the part of the deceased Pappachan to effect prompt repayment towards the said loan account, the second respondent was constrained to initiate arbitration proceedings against him as also against the sureties namely, the 3rd and 4th respondent. Ext.P3 proceedings would show that such proceedings have been initiated for realization of an amount of Rs.1,46,483/-. Of late, on realizing that the deceased was entitled to get risk fund benefits, the demand for amount was reduced to Rs.1,01,700/-. In short, now, only an amount of Rs.1,01,700/- is due from the deceased towards the second respondent. The petitioner has filed this writ petition for disbursement of arrears of family pension as also the DCRG. WPC.No 38006/2010 : 2 : 2. I have heard the learned counsel for the petitioner and also the learned Standing Counsel for the 1st respondent, learned Standing Counsel for the 2nd respondent and also the learned counsel appearing for the respondents 3 and 4. Learned Standing counsel for the first respondent submitted that the amount payable towards the family pension as also the DCRG could be paid within a period of one month. The learned Standing Counsel for the second respondent submitted that the first respondent may be directed to remit an amount of Rs.1,01,700/- towards the loan account for the purpose of closing the two loan accounts arising out the transaction between the deceased husband of the petitioner and the second respondent. In view of the rival submissions, this writ petition is disposed of with a direction to the first respondent to sanction the arrears of family pension and DCRG payable to the petitioner. After sanctioning it, an amount of Rs.1,01,700/- from the DCRG shall be remitted directly to the loan accounts of the deceased husband of the petitioner to enable the second respondent to close the said loan accounts. On receipt of the said amount the said WPC.No 38006/2010 : 3 : accounts shall be closed. The balance amount of DCRG payable to the petitioner and the arrears of family pension shall be paid expeditiously, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge