IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 38336 of 2010(N) PETITIONER: --------------- RATNAKUMARI.K.K. D/O.LATE KUMARAN, KURUVATH HOUSE, THRIPRAYAR, VALAPPAD.P.O., THRISSUR, REPRESENTED BY NEXT FRIEND AND BROTHER AATHMARAJAN, S/O.KUMARAN, 56 YEARS. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.R.REENA RESPONDENTS: --------------- 1. TAHSILDAR, TALUK OFFICE, CHAVAKKAD, THRISSUR,\ PIN - 680 506. 2. VILLAGE OFFICER, NATTIKA VILLAGE, NATTIKA, THRISSUR DISTRICT, PIN - 680 566. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C).NO.38336 OF 2010 N ------------------------------------------------------ Dated this the 23rd day of December, 2010 JUDGMENT Ratnakumari.K.K., who is a deaf and dumb person, is entitled to receive family pension on account of the demise of her father Kumaran, who was working as Skilled Assistant in Sreerama Government Polytechnic, Nattika. Since Ratnakumari.K.K. is deaf and dumb, the family pension was being received by her brother Ravindrakumar, acting as the defacto guardian of Ratnakumari.K.K. Later, Athmarajan, another brother of Ratnakumari.K.K., was sought to be authorised as the defacto guardian. It would appear that Ratnakumari.K.K. filed O.S.No.21 of 2010, on the file of the Court of of the Munsiff of Chavakkad, for that purpose. As per Ext.P1 order dated 18.2.2010, the learned Munsiff directed the petitioner to apply to the Accountant General through the head of the concerned institution for change of person authorised to receive the family pension. Accordingly, application was made to the Accountant General. As per Ext.P2 dated 17.4.2010 issued by the Director of Technical Education to the Principal of Sreerama Government W.P.(C) NO.38336 OF 2010 N :: 2 :: Polytechnic, a certificate was requested to be produced showing that Athmarajan is the defacto guardian of Ratnakumari.K.K. As per Ext.P3 communication dated 4.5.2010 issued by the Principal to Athmarajan, the latter was directed to produce the certificate of the Revenue Officer to show that he is the defacto guardian of Ratnakumari.K.K. Accordingly, Athmarajan filed Ext.P5 application to the Tahsildar, Chavakkad requesting to issue such a certificate. Ext.P5 is not disposed of and no certificate is issued. 2. The prayer in this Writ Petition is to issue a writ of mandamus commanding the respondents to conduct an enquiry and to issue a certificate as requested in Ext.P5. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Since Ext.P5 application was submitted for issuing a certificate, the Tahsildar has to make necessary enquiries and to dispose of that application. The Tahsildar has not done so in spite of the expiry of three months. Therefore, it is necessary to issue a direction to the Tahsildar to dispose of Ext.P5 application, after making necessary enquiries and W.P.(C) NO.38336 OF 2010 N :: 3 :: after giving an opportunity of being heard to Athmarajan. The Tahsildar also should ascertain the wishes of Ratnakumari. Accordingly, the Writ Petition is disposed of as follows: a) The Tahsildar, Chavakkad shall consider Ext.P5 application dated 22.9.2010 submitted by Athmarajan and dispose of the same, after making necessary enquiries and after affording an opportunity of being heard to the applicant and also after ascertaining the wishes of Ratnakumari, as expeditiously as possible and at any rate, within a period of one month from the date of receipt of a copy of the judgment. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Tahsildar, Chavakkad. (K.T.SANKARAN) Judge ahz/