IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 16101 of 2009(G) -------------------------- PETITIONER(S): --------------- ANITHA. R, WO LATE V.S. SUJA KUMAR SUJA BHAVAN, PERINJAMKADAVU, NEYYAR DAM P.O., THIRUVANANTHAPURAM BY ADV. SRI.S.MUHAMMED HANEEFF SRI.K.L.LAKSHMI RANI RESPONDENT(S): --------------- 1.DIRECTOR OF INSURANCE, KERALA STATE INSURANCE DEPARTMENT THIRUVANANTHAPURAM 2.DISTRICT INSURANCE OFFICER, KASARAGODE 3.TREASURY OFFICER, SUB TREASURY, KASARAGODE (*)ADDL.R4: SUBHADARA AMMA, SUJA BHAVAN, PERINJAMKADAVU, NEYYAR DAM P.O., THIRUVANANTHAPURAM (**)ADDL.R5: VIJAYAKUMARAN NAIR, SUJA BHAVAN, PERINJAMKADAVU, NEYYAR DAM P.O., THIRUVANANTHAPURAM (*) & (**) ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER ON IA NO.20080/2011 DT.20/12/2011 GOVERNMENT PLEADER SMT NISHA BOSE FOR R1 TO R3 SRI.M.R.RAJESH FOR ADDL.R4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 16101/2009 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DEATH CERTIFICATE OF PETITIONER'S HUSBAND ISSUED BY THE REGISTRAR OF BIRTH AND DEATH DT.22/10/2007 EXT.P2 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TAHSILDAR NEYYATTINKARA DT.15/01/2008 EXT.P3 TRUE COPY OF THE ORDER PASSED BY THE OFFICE OF THE ACCOUNTANT GENERAL DT.2/8/2008 EXT.P4 TRUE COPY OF THE ORDER ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL 2/8/2008 EXT.P5 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DT.2/2/2009 RESPONDENTS' EXTS: NIL. \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16101/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of December, 2011 J U D G M E N T The petitioner is the widow of late Shri V.S.Sujakumar, who was working as High School Assistant in Government Higher Secondary School, Bethurpara in Kasargod District. 2. By Ext.P5, an amount of Rs.1,50,060/- has been sanctioned towards Group Insurance death claim relating to the petitioner's husband and a direction is issued to produce the Succession Certificate from a Court of Law or Certificate of Administration from the Administrator General of Kerala as the same is necessary for settling the claim. 3. The petitioner is relying upon Ext.P2 Legal Heir Certificate issued by the Tahsildar, Neyyattinkara. The legal heirs of the deceased include, apart from the petitioner, a minor son and a minor daughter as well as the father and mother of the deceased. W.P.(C). No.16101/2009 -:2:- 4. I.A.No.20080/2011 is filed by the father and mother of the deceased wherein it is stated in para.4 by the mother, who has has filed the affidavit on behalf of the father also, that “myself and my husband have no objection to disburse the amounts due as per Ext.P5 to the petitioner”. 5. In the light of the above, the learned counsel for the petitioner prayed for a direction to release the amount to the petitioner on accepting the Legal Heir Certificate. 6. In the counter affidavit filed on behalf of the first respondent, the necessity to produce the Succession Certificate from a Court of Law or Certificate of Administration from the Administrator General of Kerala is detailed. It is stated that the procedures cannot be relaxed. 7. Learned counsel for the petitioner prayed that the parties are living in poor circumstances and therefore, unless urgent orders are issued, they will be put to hardship as the petitioner has to take care of the needs of two minor children also. W.P.(C). No.16101/2009 -:3:- 8. Evidently, it is case where there is no nomination. There is no dispute that the petitioner is the wife of the deceased and legally she is entitled to get the amount on behalf of the minor children also. In view of the peculiar facts of this case, the requirement to produce a Succession Certificate from a Court of Law or Certificate of Administration from the Administrator General of Kerala for settling the claim can be relaxed. But, at the same time, the additional respondents will have to produce their consent attested by a notary before the first respondent, in the light of the submission made by them that they have no objection for releasing the amount to the petitioner. Without treating this as a precedent, there will be a direction to the respondents to release the amount to the petitioner on the strength of the Legal Heirship Certificate and on providing a consent letter from the father and mother of the deceased husband who have already filed an affidavit before this Court expressing their no objection. The amount will be released within a period of one month from the date of receipt of a W.P.(C). No.16101/2009 -:4:- copy of this Judgment. The additional respondents will furnish the consent letter within three weeks. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms