IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WA.No. 81 of 2009 ------------------------- AGAINST THE JUDGEMENT IN WPC.36613/2004 Dated 27/06/2008 .................... APPELLANTS/RESPONDENTS: ------------------------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVT. OF INDIA, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATION, DAK BHAVAN, SANSAD MARG, NEW DELHI. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM 695033. 3. THE POSTMASTER GENERAL, NORTHERN REGION, CALICUT 673011. 4. THE SUPERINTENDENT OF POST OFFICES, KANNUR DIVISION, KANNUR-670001. BY SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL RESPONDENT/PETITIONER: ---------------------------------------- THE CHALA BEEDI WORKERS INDUSTRIAL (SERVICE TYPE) CO-OPERATIVE SOCIETY LTD. P.O.CHALA EAST 670621, KANNUR DISTRICT, REP. BY ITS SECRETARY. THIS WRIT APPEAL HAVING COME UP FOR ORDERS ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy, Ag.C.J. & V.GIRI, J. ------------------------------------------ W.A.No. 81 of 2009 & C.M.Appln.No.41 of 2009 ------------------------------------------ Dated, this the 16th day of January, 2009 JUDGMENT J.B.Koshy, Ag.C.J. For the reasons stated in the affidavit, the delay in filing the writ appeal is condoned. 2. This writ appeal is filed by the Union of India and others. Petitioner co-operative society purchased some Indira Vikas Patras on 27.4.1994 and a few more on 2.2.1995. Maturity dates of these Patras were on 27.10.2000 and 2.8.2000. It is the case of the petitioner that the Patras were stolen and a crime has been registered. An application was made to the postal department for paying the maturity value of the Patras. 3. After considering the entire facts and circumstances, the learned Judge has directed the Postal Department to pay the maturity value of the Patras subject to the petitioner executing an indemnity bond. The Department has no contention that any other W.A.No.81 of 2009 2 claimant has come forward so far. The Indira Vikas Patras were purchased in 1994 and 1995 and maturity date was in 2000. Even now there is no rival claim. The operative portion of the order is as follows: “If the petitioner Society executes an indemnity bond indemnifying the Postal department against third party claims for the maturity value of Indira vikas Patras mentioned in Para 6 of the writ petition, the 4th respondent shall cause to release the maturity value of those Indira Vikas Patras to the petitioner.” 4. We fail to understand why against such orders the Department filed appeals wasting public money. Writ appeal is dismissed. J.B.Koshy, (Ag. Chief Justice) V.GIRI, (Judge) vns