IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 20869 of 2008(H) -------------------------- PETITIONER(S): --------------- AKSA KUNJUMON, AKSHA COTTAGE, VALIAKULANGARA, ,MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF NON RESIDENT KERALITES'AFFAIRS THIRUVANANTHAPURAM 2. UNION OF INDIA RERPESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS, CONSULATE SECTION NEW DELHI. 3. CONSULATE GENERAL OF INDIA DUBAI (U.A.E) ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 & 3 GOVERNMENT PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20869 of 2008 --------------------------------- Dated, this the 24th day of February, 2009 J U D G M E N T Prayer in this writ petition is to direct the respondents to take effective steps for the release of compensation due to the petitioner, consequent on the death of her husband, from the authorities at Dubai. 2. Facts of the case are that the petitioner's husband, Sri.Kunjukutty Kunjumon, who had passport No.A 7704232, was an employee of Al-Najah Electrical Contracting, Dubai. It is stated that on 06/05/2003, he met with a crane accident and succumbed to the injuries. According to the petitioner, she contacted the 3rd respondent for realising the compensation that is due to the family and that on their instructions, the required documents were forwarded in pursuance to Ext.P2. Ext.P2 communication from the 3rd respondent dated 14/02/2005, further states that :- “On receipt of the duly attested documents the Consulate General will get them attested by UAE Ministry of Foreign Affairs. These will then be got translated into Arabic by the legal translator and attested by the UAE Ministry of Justice before submission to the WP(C) No.20869/2008 -2- Court. On receipt of the amount from the court, the same will be sent to the District Collector for payment to the legal heirs.” The petitioner submits that accordingly all necessary documents were forwarded and that as undertaken in Ext.P2, 3rd respondent is to get the documents attested by the UAE Ministry of Foreign Affairs, get it translated into Arabic and submit the same to the Court for collecting the compensations, which has already been deposited by the petitioner's husband's ex-employers. It is stated that although the petitioner has thus complied with all the requirements of Ext.P2 way back in 2005 itself, so far nothing has been done by the 3rd respondent. It is with that grievance, the writ petition is filed. 3. In view of the complaint of the writ petitioner as above, though this case was adjourned from July, 2008 onwards awaiting instructions from the respondents, still instructions are not forthcoming. Therefore, I am constrained to dispose of the writ petition on the available materials. 4. As is seen from Ext.P2, the petitioner was called upon to produce the documents mentioned therein and according to the WP(C) No.20869/2008 -3- petitioner, she has submitted all the documents. If that be so, it is incumbent on the part of the 3rd respondent, to do what he has undertaken in Ext.P2 referred to above. Since it is the positive assertion of the petitioner that there has been a failure on the part of the 3rd respondent, I dispose of the writ petition directing the 3rd respondent to take up and consider the documents made available by the petitioner in pursuance to Ext.P2, do what is necessary as undertaken in Ext.P2, and take steps for getting the compensation deposited by the petitioner's deceased husband's employers in the Court at Dubai released. This shall be done as expeditiously as possible, at any rate, within three months of production of a copy of this judgment. 5. The petitioner will produce a copy of this judgment before the 3rd respondent, who shall carry out the directions. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg