IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 28328 of 2006(V) -------------------------- PETITIONER: ------------ KUNJAMMA GEORGE, W/O.LATE K.GEORGE, INJAKKATTU THEKKETHIL, EDAVASSERRY, MYNAGAPPALLY P.O., KOLLAM DISTRICT. BY ADV. SRI.MARTIN G.THOTTAN RESPONDENTS: ------------- 1. THE CHIEF EXECUTIVE, SOUTHERN RAILWAY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY, TIRUCHIRAPPALLI, TAMIL NADU, PIN-620 001. 2. NATIONAL INSURANCE COMPANY LTD., TRICHI BRANCH III, VIGNESWARA BUILDINGS, NEAR OVER BRIDGE, 2/7 PUDUKKOTTAI ROAD, TIRUCHIRAPPALLI-620 020, REPRESENTED BY ITS BRANCH MANAGER. 3. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI-3. BY ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R.3 SRI.T.C.GOVINDA SWAMY SRI.P.NPANKAJAKSHAN PILLAI SMT.D.HEERA SRI.GEORGE CHERIAN (THIRUVALLA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28328 of 2006(V) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND DATED 26.07.04. EXT.P2: TRUE COPY OF THE LETTER REF.NO.E III/DRR/52350 DATED 12.01.05. EXT.P3: TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WP(C) NO.14839/2005 DATED 01.12.05. RESPONDENT'S EXHIBITS EXT.R3(a): TRUE COPY OF RAILWAY BOARD'S LETTER NO.97/E.(Coop)/20/2 DATED 9/2004. EXT.R3(b): TRUE COPY OF BYE-LAWS OF 1ST RESPONDENT SOCIETY. (RELEVANT PAGES) EXT.R3(c): TRUE COPY OF LETTER NO.CCS/ADMN/8/2006 DT.04.08.06 ISSUED BY MD/R-1. /TRUE COPY/ rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).28328 of 2006-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of September, 2008. JUDGMENT 1.The petitioner claims to be the widow of a deceased employee of the Southern Railway. 2.The short issue is whether the legal representatives of late K.George are entitled to the benefit of any Group Insurance Scheme on the ground that Sri.George was a member of the Southern Railway Employees' Co-operative Credit Society. While the third respondent Southern Railway disputes the very institution of the writ petition and the claim on the ground that the Southern Railway has nothing to do with the management of the Co-operative Credit Society, the first respondent, the Chief Executive of the Society stands to state that no claim was ever made before the society on account of late Sri.K.George and the circular in relation to WP(C)28328/2006 -: 2 :- Group Insurance Scheme requires the claim being made supported by the necessary documents, including death certificate, proof of heirship etc. The learned counsel for the second respondent National Insurance Company says that there was no policy as on the date of death of Sri.George. However, that is of no consequence because, it is for the petitioner to first place an appropriate claim before the first respondent and work out remedies as is enjoined by the Scheme with the junction of the first respondent. Under such circumstances, if the petitioner places relevant materials and makes a claim before the first respondent within a reasonable time, that will be taken up for appropriate action and the matter would be acted upon as expeditiously as possible. The writ petition is ordered as above leaving open all other contentions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/020908