IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 1276 of 2010(H) ------------------------- PETITIONER(S): --------------- JOICY JOY @ P.J.JOYCY, D/O.JOY, AGED 22 YEARS, PULICKAL HOUSE, KANNAMALI, KOCHI-8, NOW RESIDING AT KONNULLY HOUSE, PALARIVATTOM.P.O, SOUTH JANATHA, KOCHI-682 025. BY ADV. SRI.MATHEW SKARIA SRI.K.J.JOSEMON RESPONDENT(S): --------------- 1. UNIT TRUST OF INDIA, REPRESENTED BY CHIEF MANAGER, UTI MUTUAL FUND, M.G.ROAD, ERNAKULAM, KOCHI-682 011. 2. UTI TECHNOLOGY SERVICE LTD., (A GOVT.OF INDIA COMPANY), 45, SECOND LINE BEACH, CHENNAI-600 001. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 1276/2010 ------------------------------------------------------------------ EXT.P1 PHOTOCOPY OF THE ACKNOWLEDGEMENT DT. 7.7.1993. EXT.P2 CERTIFICATE DT. 7-7-1993. EXT.P3 COMMUNICATION DT. 15-10-2008. EXT.P4 LAWYER NOTICE DT. 6-12-2008. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1276 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th day of May, 2010. J U D G M E N T Petitioner's uncle Mr. P.A. Johnson deposited an amount of Rs. 5,000/- in the Children's Gift Growth Fund Scheme, 1986 in the name of the petitioner. The said deposit has matured for payment. Although the petitioner approached the 1st respondent for disbursal of the maturity amount, the 1st respondent did not pay the amount. By Ext. P3, the petitioner has been informed that the unit certificate has been converted to CCP and a cheque for Rs. 21,025/- has been issued on 1-4-2004. The petitioner was further requested to take up the matter with the nearest UTI Mutual Fund Office. Although the petitioner approached the 1st respondent, the 1st respondent feigned ignorance about the same. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “(i) Issue a writ of mandamus and/or other appropriate writ, order or direction directing the first respondent to pay the said amount of Rs. 21,025.90 with interest at the rate of 18% per annum from 1-4-2004 till realization, within a time stipulated by this Hon'ble Court. (ii) Issue a writ of mandamus and/or other appropriate writ, order or direction directing the first respondent to pay the petitioner the maturity value of Ext. P2 Certificate with interest at the rate of 18% per annum from 23-9-2008 till realization, within a time stipulated by this Hon'ble Court.” Despite service of notice, the respondents have not entered W.P.C. No. 1276/2010 -: 2 :- appearance to contest the matter. In view of Ext. P3 letter, I am satisfied that the petitioner has proved his case. In the above circumstances, the writ petition is allowed as prayed for. S. Siri Jagan, Judge. Tds/