IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 35041 of 2010(E) -------------------------------------- PETITIONER: ------------------- INDU HARIDAS, AGED 16 YEARS, D/O. LATE HARIKUTTAN NAIR, PADIKKALVEETTIL, MANGALASSERI ROAD, KEDAMANGALAM KARA, PARUR VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY GUARDIAN MOTHER BABY. BY ADV. SRI.C.CHANDRASEKHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DISTRICT MEDICAL OFFICER, ERNAKULAM – 682 011. 3. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM – 695 001. 4. USHAKUMARI, W/O. LATE HARIKUTTAN NAIR, PADIKKAL VEETTIL, KEDAMANGALAM KARA, N. PARUR, ERNAKULAM DISTRICT – 683 513. R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 35041 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2010 J U D G M E N T The petitioner, a minor represented by her mother and guardian, claims to be the daughter of late Harikuttan Nair in his second wife namely Smt. Baby. She has filed this writ petition claiming share in the retirement benefits and family pension on the death of the said Harikuttan Nair who was a Government servant. The petitioner seeks the following reliefs: “a) a writ of mandamus or other appropriate writ, order or direction commanding the respondents to pass necessary order allotting a share in the family pension and other benefits due to the death of her father along with the 4th respondent. b) a writ of mandamus or other appropriate writ order or directions directing the respondents to pass appropriate order on Ext.P9 representation submitted by her after hearing the petitioner;” I have heard the learned Government Pleader also. Admittedly, the said Harikuttan Nair had earlier married the 4th respondent herein, in which marriage he has other children also. The question as to whether Smt. Baby was W.P.(C)No. 35041 of 2010 -2- the second wife of late Harikuttan Nair or whether the petitioner is the daughter of Sri. Harikuttan Nair are all facts which require proof through evidence. The respondents cannot decide that issue. In such circumstances, the remedy of the petitioner lies in filing a suit and proving her claim by producing appropriate evidence in that respect. Therefore, I am not inclined to entertain this writ petition in exercise of my discretionary jurisdiction under Article 226 of the Constitution of India. Therefore, without prejudice to the right of the petitioner to seek her reliefs in a suit, this writ petition is dismissed. S. SIRI JAGAN JUDGE shg/