IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 9545 of 2010(P) ------------------------------------- PETITIONER(S): ------------------------ K.S. AJITHKUMAR, S/O. KRISHNAN NAIR, K.S. SADANAM, PERINGAMALA, KULLIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. MR.S.SREEKUMAR, MR.P.MARTIN JOSE. RESPONDENT(S): -------------------------- 1. THE MANAGING DIRECTOR, THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR WORKMENS COMPENSATION, THIRUVANANTHAPURAM. R2 & R3 BY GOVERNMENT PLEADER MR.BIJOY CHANDRAN. R1 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.9545 of 2010-P ---------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The petitioner has approached this Court because of the alleged callous inaction on the part of the first respondent in disbursing the amount due as per Ext.P2 Award. 2. The learned counsel for the petitioner submits that, much hardship is being caused to the petitioner because of the inordinate delay; particularly in view of Ext.P4 issued by the District Co-operative Bank, Thiruvananthapuram, for causing the property of the petitioner to be sold in the course of the steps for realistion of the amount due from the petitioner. 3. Heard the learned standing counsel appearing for the first respondent as well, who submits on instructions, that the default was never wilful, but because of the poor pecuniary circumstances and also in view of the steps being taken by the Corporation to discharge the liability to different creditors in a phased manner. The learned counsel however submits that the amount due to the petitioner will be disbursed within three months. W.P(C) No.9545 of 2010-P 2 4. Taking note of the facts and circumstance, the first respondent is directed to disburse 50% of the amount due to the petitioner within one month and the balance amount within two months thereafter. The Writ Petition is disposed of. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// P.A to Judge ab W.P(C) No.9545 of 2010-P 3