IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 22219 of 2008(T) --------------------------------------- PETITIONER(S): ------------------------ 1. C.V.RAMANI, SAVANI, TAGORE GARDEN, KADAVATTAROM, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. R.S.NITHYA, DO. DO. 3. R.S.ANU, DO. DO. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INSURANCE, KERALA STATE INSURANCE DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.22219 of 2008 ===================== Dated this the 3rd day of October, 2008. JUDGMENT The petitioners are the wife and children of late Dr.R.L.Santhosh Kumar, a Civil Surgeon in Government service who passed away while in service on 20.11.2007. Following his death, the amounts payable under the life insurance policies issued by the Kerala State Insurance Department, the amounts due under the General Provident Fund Account and the amounts payable by the Indian Medical Association were disbursed to the first petitioner as the nominee and legal heir of late Dr.R.L.Santhosh Kumar. Ext.P2 certificate issued by the Tahsildar, Neyyattinkara discloses that the petitioners are the legal heirs of late Dr.R.L.Santhosh Kumar, who passed away on 20.11.2007. 2. The dispute in this Writ Petition is centred around the disbursement of the amounts due under the Group Insurance Scheme of which late Dr.R.L.Santhosh Kumar was a member. When the petitioners moved for disbursement of the amounts due under the Group Insurance Scheme from the Kerala State Insurance Department, Ext.P4 letter was issued, requesting them to obtain and forward a succession certificate from the competent court so as to enable payment of the sum of Rs.2,24,313/- payable to the legal heirs of the deceased under the Group Insurance Scheme. The petitioners have in this Writ Petition challenged WP(C) 22219/08 -: 2 :- Ext.P4 and prayed for the following reliefs: “(i) Call for records leading to Ext.P4 and quash the same by a writ of certiorari or any other appropriate writ, direction or order. (ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to accept Ext.P2 and disburse the amount mentioned in Ext.P4 to the petitioners forthwith. 3. A counter affidavit has been filed on behalf of the second respondent. Relying on Ext.R2(b), it is contended that heir ship certificate can be accepted only for payment upto Rs.1 lakh and that for any amount in excess of Rs.1 lakh, succession certificate has to be produced by the legal heirs so as to enable payment under the Group Insurance Scheme. The respondents contend that the amounts due under the life insurance policies and the general provident fund were paid to the first petitioner for the reason that she was shown as the nominee and that the first petitioner or anyone among the other petitioners have not been shown as the nominee entitled to receive the amounts due under the Group Insurance Scheme. It is contended that the amounts due under the Group Insurance Scheme can be paid only on the petitioners producing a succession certificate issued by the competent civil court. 4. A succession certificate is issued under the Indian Succession Act, 1925 only in respect of debts and securities. The Apex Court has in WP(C) 22219/08 -: 3 :- Ruksana (Smt.) and others v. Nazrunnisa (Smt.) and another [2000(9) S.C.C. 240] held that a succession certificate as envisaged in the Indian Succession Act can be granted only in respect of debts or securities to which the deceased was entitled to. In the instant case, the respondents do not have a case that the sum of Rs.2,24,313/- which was standing to the credit of the deceased employee in the Group Insurance Scheme is a debt or security to which he was entitled to. Such being the situation, the respondents cannot insist on the production of a succession certificate for disbursement of the amounts referred to in Ext.P4. The respondents do not dispute that the petitioners are the legal heirs of late Dr.R.L.Santhosh Kumar. Such being the situation, I dispose of this Writ Petition with a direction to the respondents to disburse the sum of Rs.2,24,313/- referred to in Ext.P4 to the petitioners on their executing a bond in favour of State Insurance Department undertaking to indemnify the said department against claims by anyone else claiming to be a legal heir of late Dr.R.L.Santhosh Kumar, for the said sum. This shall be done within two months from the date on which the petitioners execute an indemnity bond as directed above. P.N.Ravindran, Judge. ess 7/10