IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WA.No. 2435 of 2009 -------------------------------- AGAINST THE JUDGEMENT IN OP.21850/2002 Dated 05/06/2009 .................... APPELLANTS/RESPONDENTS ------------------------------------------ 1. THE DEPUTY SECRETARY, SPECIAL KUWAIT CELL, MINISTRY OF EXTERNAL AFFAIRS, GOVT. OF INDIA, I.S.I.L BUILDING 9, BHAGWANDAS ROAD, OPP. SUPREME COURT, NEW DELHI. 2. SECRETARY TO GOVT. OF INDIA, MINISTR OF EXTERNAL AFFAIRS, GOVT. OF INDIA, NEW DELHI. BY ADV. SRI.T.SANJAY, CENTRAL GOVERNMENT COUNSEL RESPONDENT/PETITIONER --------------------------------------- ALICE KURIEN, AGED 53 YEARS, W/O. KURIEN.K.J, KIDARATHIL HOUSE, N.S.H. MOUNT.P.O, KOTTAYAM, KERALA. BY ADV.SRI.P.A.AUGUSTIAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.2435 of 2009 ------------------------------------------ Dated this the 11th day of November, 2009 JUDGMENT S.R.Bannurmath, C.J. Challenging the judgment of the learned Single Judge dated 5th June, 2009 allowing O.P.No.21850 of 2002 and issuing a direction to the respondents/appellants herein to consider the claim of the writ petitioner, the present writ appeal is filed. 2. The writ petitioner, during the relevant time, was a resident of Kuwait. During the Iraq - Kuwait War, she lost her personal properties and job and had to leave the country. In the light of the relief granted by the United Nations Security Counsel to the victims of Iraq – Kuwait War, she filed an application claiming compensation for loss of her personal properties, and as no action was taken inspite of repeated reminders, she was constrained to approach this Court in the present writ petition. 3. Noting the fact that there was not much in dispute as to the filing of the application by the writ petitioner claiming compensation in time and especially the stand of the appellants in W.P.(C) No.2435 of 2009 - 2 - Ext.R1(a), the possible indication of loss of the records due to the negligence of the appellants themselves, the learned Single Judge thought it fit to direct the appellants to consider the claim of the writ petitioner on merits and dispose it of within a time frame of three months. 4. Even after reconsideration of the entire materials, especially when we are, prima facie, satisfied that the writ petitioner had made the claim well in time and possibly entitled to it, and only due to the negligence of the appellants, her case was not considered in time, and as such the findings of the learned Single Judge cannot by any stretch of imagination be called as either illegal or perverse. We find no merit in the writ appeal and accordingly it is dismissed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns