IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 25755 of 2008(N) -------------------------- PETITIONER: ------------ 1. DEEPA RAJEEVAN, RAJEEVAM, PADA NORTH, KARUNAGAPPALLY.P.O, KOLLAM. 2. MINOR KIRAN RAJEEV, AGED 12 YEARS, S/O. LATE RAJEEVAN RAJEEVAM, PADA NORTH, KARUNAGAPPALLY.P.O, KOLLAM. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. SMT. NALINI, KOMALATH VEEDU, ADHINAD SOUTHMURI, ADHINAD VILLAGE, KARUNGAPPALLY TALUK, KOLLAM. BY GP N.S.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).25755/2008 -------------------- Dated this the 17th day of September, 2008 JUDGMENT Petitioners are wife and minor child of one Neelakandan Rajeevan who died in a motor vehicle accident. Certain amounts were released as compensation due under the account of the deceased through the embassy and the District Collector, the second respondent herein, released the said amount to the legal heirs of the deceased. Apparently, one third of the said amount was released in favour of the third respondent, who is the mother of the deceased. Petitioners questioned the payment of one third of the compensation amount in favour of the mother. 2. In my view, adjudication as to whether the third respondent is entitled to a share of the assets of the deceased and also as to whether the amount received by way of compensation constitutes a part of the asset left behind by the deceased are matters which are to be adjudicated by a Civil Court. W.P.(C).25755/2008 2 3. In the result, writ petition is disposed of permitting the petitioners to agitate their claim in appropriate proceedings before the Civil Court. V.GIRI, Judge mrcs