IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7892 of 2008(M) ------------------------------------- OS.382/2006 OF PRINCIPAL MUNSIFF,ALAPPUZHA. .................... PETITIONER: -------------------- P.T.SEBASTIAN, AGED 53 YEARS, S/O.THEOCHEN, RESIDING AT PALACKAL VEETTIL, SEA VIEW WARD, ALAPPUZHA MUNICIPALITY, AMBALAPPUZHA TALUK. BY ADV. SRI.E.D.GEORGE. RESPONDENTS: ------------------------ 1. K.B.SEBASTIAN,AGED ABOUT 56 YEARS, S/O.BARNARD, KALAPURAYIL, KUTHIRAPPANTHY, THIRUVAMBADY P.O., ALAPPUZHA. 2. TREASURY OFFICER, ALAPPUZHA. BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 7892 OF 2008 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. J U D G M E N T This writ petition is filed to direct the Chief Judicial Magistrate, Alappuzha and the I Class Judicial Magistrate, Ramankary not to issue non-liability certificate and then to issue a writ of mandamus directing the Munsiff Court to consider and pass an order in E.A.300/07. 2. Heard the learned counsel for the writ petitioner. This Court cannot direct the authorities not to issue a non- liability certificate which only deals with the liability of the person in the Department. A non-liability certificate is issued to the effect that there is no dues from him to the department and therefore he is not saddled with any liability of the Department. 3. So far as the second prayer is concerned it is for the attachment of the amount due to him as pension benefits. Time and again courts have held that Provident W.P.C 7892 OF 2008 -:2:- Fund amounts, Pension and other compulsory deposit retain their character until they reach the hands of the employee. Admittedly it has not reached the hands of the employee in this case for the reason the writ petitioner himself has only prayed for a direction not to issue non-liability certificate. So that being the situation no relief can be granted at this stage and therefore the writ petition is dismissed. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.