IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 25142 of 2009(K) -------------------------------------- PETITIONER(S): ---------------------- NIKHILA SOMAN, D/O.LATE G.SOMAN, SOMAN'S GARDEN, POOKODE P.O., THALASSERY VIA, KANNUR DISTRICT. BY ADV. MR.C.R.SIVAKUMAR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM. 3. THE SUB-TREASURY OFFICER, SUB TREASURY, VELLAYAMBALAM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25142/2009-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GO(RT)NO.299/85/HOME DATED 30/01/85. EXT.P2: COPY OF THE COMMUNICATION LETTER DATED 09/02/90 & 17/12/85. EXT.P3: COPY OF THE LETTER DATED 24/07/2009. EXT.P4: COPY OF THE LETTER DATED 21/08/2009. EXT.P5: COPY OF THE INTIMATION LETTER DATED 22/09/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.25142 of 2009 - K ---------------------------------------- Dated 7th October, 2009 Judgment Heard the learned counsel appearing on both sides. 2. The petitioner is the daughter of late G.Soman, formerly Sub Inspector of Police, Panoor Police Station. He died in mysterious circumstances. The Government thereupon sanctioned payment of Rs.25,000/- as ex-gratia to the petitioner who was then a minor. As per Ext.P1 order dated 30.1.1985, the Government also directed that the said sum will be deposited in the Treasury Savings Bank Account or in fixed deposit scheme till the petitioner attains majority, in the names of the father of late G.Soman and the petitioner, his daughter. The Government also directed that interest will be paid to the father of late G.Soman till his death or till the petitioner attains majority. The Director General of Police was directed to make arrangements for deposit of the sum and payment of interest. Accordingly, the sum of Rs.25,000/- was deposited in fixed deposit. The monthly interest was being paid to the father of W.P.(C) No.25142/2009 2 late G.Soman till 1.5.1997. Interest was not paid thereafter. When the petitioner came to know about the fixed deposit and non-payment of interest to her, she sent Ext.P3 letter to the Sub Treasury Officer, Vellayambalam seeking payment of the amount covered by the fixed deposit together with interest. The Sub Treasury Officer thereupon sent Ext.P4 reply stating that original of the fixed deposit receipt is with the Director General of Police and that interest till 1.5.1997 has been paid to Sri.I.C.George. The petitioner was called upon to present the fixed deposit receipt in original together with other documents referred to in Ext.P4, in order to enable payment to be made. This writ petition was filed, when notwithstanding repeated requests, the amount covered by the fixed deposit receipt together with the accrued interest was not paid. 3. After this writ petition was filed, the Director General of Police sent Ext.P5 letter to the Sub Treasury Officer, Vellayambalam stating that the fixed deposit receipt could not be traced out from his office and that it has to be assumed that the fixed deposit receipt has been irrecoverably lost. The Director General of Police also requested the Sub Treasury W.P.(C) No.25142/2009 3 Officer to issue a duplicate copy of the fixed deposit receipt to the petitioner and to pay the proceeds to her together with interest upon production of documents proving her entitlement to receive the amount. 4. It is evident from Ext.P5 that the original of the fixed deposit receipt has been irrecoverably lost and that the Director General of Police has directed the issuance of a duplicate fixed deposit certificate and payment of the proceeds to the petitioner. It is agreed that the Sub Treasury Officer, Vellayambalam is the competent authority to issue a duplicate fixed deposit receipt and also to effect payment to the petitioner. In view of the admitted fact that the original of the fixed deposit receipt has been irrecoverably lost and the directions contained in Ext.P5 letter sent by the Director General of Police, I dispose of this writ petition with the following directions: The third respondent, the Sub Treasury Officer, Vellayambalam shall, within two weeks from the date on which the petitioner produces a certified copy of this judgment before him, issue a duplicate fixed deposit receipt after intimation to W.P.(C) No.25142/2009 4 the Director General of Police. He shall thereupon take necessary steps to close the account and pay the proceeds to the petitioner. Steps in that regard shall be taken and completed within another two weeks thereafter. Payment shall also be made within the said period. In other words, within one month from the date on which the petitioner produces a certified copy of this judgment, the Sub Treasury Officer, Vellayambalam shall take necessary steps to pay the sum of Rs.25,000/- to the petitioner together with, interest thereon from 1.5.1997. P.N.RAVINDRAN Judge vaa