IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 26198 of 2006(R) -------------------------------------- PETITIONERS: ------------------- 1. BALAKRISHNA PILLAI, S/O. LATE RAGHAVAN NAIR, THADATHI VILAYIL PUTHEN VEEDU, ELAKOLLOOR P.O., KONNI. 2. VIJAYAMMA, W/O. BALAKRISHNA PILLAI, THADATHI VILAYIL PUTHEN VEEDU, ELAKOLLOOR P.O., KONNI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: ----------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF DEFENCE, 101, SOUTH BLOCK, NEW DELHI. 2. THE DIRECTOR GENERAL, INDIAN COST GUARD, HEAD QUARTERS, NATIONAL STADIUM COMPLEX, NEW DELHI-110 001. 3. THE COMMANDANT, ICGS VEERA, C/O. F.M.O., KOCHI-682 004. 4. OFFICER - IN - CHARGE, BUREAU OF NAVIKS, CHEETAH-CAMP, MANKHARD, MUMBAI-400 088, MAHARASHTRA STATE. 5. COMMANDANT, COAST GUARD DHQ 4, KALAVATHY ROAD, FORT KOCHI-682 001. 6. REMYA, D/O. RAMACHANDRAN UNNITHAN, CHANDRALAYAM, ULAVAKKAD, NOOANADU P.O. 7. MANAGER, STATE BANK OF TRAVANCORE, KONI P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG - R1TO5 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR - R1 TO R5 SRI.G.GOPAKUMAR (CHERTHALA) - R6 SRI.SATHISH NINAN - R7 SRI.SANTHOSH MATHEW -R7 SRI.RASHEED C.NOORANAD - R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).26198/2006-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 12/11/2002 FROM THE ASSISTANT COMMANDANT STATING THAT BIJU KUMAR IS WORKING IN COAST GUARD. EXT.P2: COPY OF THE RELEVANT PAGE OF THE BIJU KUMAR'S SSLC BOOK. EXT.P3: COPY OF THE RATION CARD OF PETITIONERS. EXT.P4: COPY OF THE DEATH CERTIFICATE OF BIJU KUMAR. EXT.P5: COPY OF THE REPRESENTATION DATED 13/09/2006 SENT TO RESPONDENT NO.1. EXT.P6. COPY OF THE REPRESENTATION DATED 13/09/2006 SENT TO RESPONDENT NO.2. EXT.P7: COPY OF THE REPRESENTATION DATED 13/09/2006 SENT TO RESPONDENT NO.3. EXT.P8: COPY OF THE REPRESENTATION DATED 13/09/2006 SENT TO RESPONDENT NO.4. EXT.P9: COPY OF THE REPRESENTATION DATED 13/09/2006 SENT TO RESPONDENT NO.5. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE LETTER DATED 12/08/1980 ISSUED BY THE GOVT. OF INDIA, MINISTRY OF DEFENCE. EXT.R4(b): COPY OF THE MARRIAGE CERTIFICATE OF LATE BIJU KUMAR DATED 13/03/2006. EXT.R4(c): COPY OF THE LETTER DATED 18/09/2006 ISSUED BY THE SYNDATE BANK, PANAMBUR BRANCH, MANGALORE. EXT.R4(d): COPY OF THE LETTER DATED 13/06/2006 ISSUED BY THE ORIENTAL BANK OF COMMERCE. EXT.R4(e): COPY OF THE COAST GUARD HEADQUARTERS NOTE DATED 18/12/2006 EXT.R4(f): COPY OF THE COAST GUARD HEADQUARTERS LETTER DATED 08/01/2007. // TRUE COPY // Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 26198 of 2006 --------------------------------- Dated this the 9th day of July, 2008. JUDGMENT I.A.8511/2008 is styled as a compromise petition and the same reads as follows:- “ The above writ petition is filed praying for a direction to respondents 1 to 5 to disburse 50% of the amounts due on the death of petitioners' son and seeking other reliefs. The Honourable Court was pleased to pass an interim order directing respondents not to disburse 1/3rd of the amounts due to the sixth respondent. Now the disputes between the petitioners and the 6th respondent, who is the contesting respondent have been settled out of court. The 6th respondent has no objection in paying 1/3rd of the amounts due, including monthly pension, on account of the death of Navik R.P. Bijukumar to the petitioners. Petitioners are giving up their other claims accepting 1/3rd of the amounts due. This Honourable court may be pleased to WPC.26198 /2008 2 accept the compromise and direct respondents 1 to 5 to pay 1/3rd of the amounts including monthly pension due on account of the death of Navik R.P., Biju Kumar B 04294 Naviq R.P.,ICGS Veera, Cochin to the petitioners and pay the balance to the 6th respondent. “ 2. I heard learned counsel for the petitioners, learned counsel for the 6th respondent and learned counsel on behalf of the Accountant General as also counsel for R7. The dispute between the petitioners and the 6th respondent has been settled in terms of the compromise between them. It is recorded and is incorporated as part of the judgment. In the result, the writ petition is disposed of directing the fourth respondent to sanction 1/3rd of the pension payable under the account of late R.P.Bijukumar B.04294 Navik R.P., ICGS Veera, Cochin to the petitioners. The 4th respondent shall also take note of the fact that the petitioners have given up any other claim which they may otherwise have on the amount due under the account of Bijukumar as such. V. GIRI, JUDGE. Pmn/ WPC.26198 /2008 3