IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 35950 of 2009(K) -------------------------- PETITIONER(S): --------------- SATHY THANKAPPAN, W/O.THANKAPPAN, KALLIKKATTUPARAMBU, THIRUVALOOR, ALANGAD P.O., ALUVA. BY ADV. SRI.DINESH MATHEW J.MURIKAN RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE GENERAL MANAGER, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, THRISSUR. MR.V.V.NANDAGOPAL NAMBIAR, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.35950 of 2009 (K) --------------------------------- Dated, this the 27th day of January, 2010 J U D G M E N T The case of the petitioner is that her husband Thankappan was working as a Garage Mazdoor in KSRTC, Thrissur Depot. It is stated that he is missing since 25/04/2001, and that despite long lapse of time, terminal benefits including gratuity have not been paid to the petitioner, his legal heir. It is stated that she has filed Ext.P3 representation in this behalf before the 2nd respondent and that on the representation also there has not been any action in the matter. 2. The learned standing counsel has obtained instructions in the matter, today, and submits that the claim (Ext.P3) has not been received by the respondents so far. 3. If that be the case, in the absence of any demand made by the petitioner, this Court will not be justified in issuing a direction as sought for. Therefore, this writ petition is disposed of directing that it will WP(C) No.35950/2009 -2- be open to the petitioner to make a proper claim before the concerned respondent, in which event, it is directed that the same shall be considered in accordance with law, and orders thereon shall be passed as expeditiously as possible, at any rate, within six weeks of its receipt. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg