IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 6741 of 2006(C) ------------------------- PETITIONER(S): --------------- P.S.PONNAMMA, AGED 68 YEARS, WIDOW OF P.APPUKUTTAN NAIR, VETTATHUPAPPADIYIL HOUSE, VENMONY EROM, VENMONY.P.O, CHENGANNUR TALUK. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- 1. TRANVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. DEPUTY TAHSILDAR (REVENUE RECOVERY), CHENGANNUR. 4. VILLAGE OFFICER, VENMONY, CHENGANNUR. ADV. SRI.M.K.CHANDRA MOHANDAS,SC FOR TDB. FOR R1 & R2 SMT.SMITHA, GOVERNMENT PLEADER SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6741/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE JUDGMENT DATED 29/08/2000 IN O.P.NO.9873/1993-A PASSED BY THIS HONOURABLE COURT. P2 : COPY OF THE LETTER DATED 06/12/2000 RECEIVED BY THE PETITIONER FROM THE DEVASWOM ACCOUNTS OFFICER. P3 : COPY OF THE REVENUE RECOVERY NOTICE DATED 14/02/2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No.6741 of 2006 --------------------------------- Dated, this the 7th day of August, 2008 J U D G M E N T Petitioner is challenging Ext.P3 notice for recovery of Rs.22,397/- stated to be due to the Travancore Devaswom Board from petitioner's late husband. Petitioner's husband retired from the service of Devaswom Board as Sub Group Officer on 31/07/1986. Since DCRG was not paid for seven years, a writ petition was filed before this Court, which ended up in Ext.P1 judgment. In fact, petitioner's husband, who filed the writ petition died during pendency of the writ petition on 02/07/1994 and thereafter petitioner as wife impleaded in the writ petition. This Court allowed the writ petition vide Ext.P1 judgment dated 29/08/2000 and pursuant to the said judgment, the DCRG and other benefits were released to petitioner on 06/12/2000 vide Ext.P2. It is after six years of this proceedings, petitioner got Ext.P3 revenue recovery notice dated 14/02/2006. Even though the writ petition is pending in this Court for two years, the Devaswom Board has not cared to explain the nature of demand against petitioner's husband. In any case, petitioner will not be able to defend an enquiry against her late husband, who retired 22 years back. The writ petition is, therefore, WP(C) No.6741/2006 -2- allowed quashing Ext.P3 and with prohibition against the Devaswom Board not to initiate any proceedings against petitioner or other legal heirs pertaining to any claim against the deceased husband of petitioner. (C.N.RAMACHANDRAN NAIR, JUDGE) jg