IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 13033 of 2007(B) -------------------------- PETITIONER: -------------- SHAJI JOSEPH, AZHIKANNICKAL, ANSHA BHAWAN, NEAR ARD BANK, THAZHAPPALAM, TIRUR - 676 101, MALAPPURAM DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENT: --------------- THE KERALA STATE FINANCIAL ENTERPRISES LTD, KOTTAKKAL BRANCH, MALAPPURAM DISTRICT, REPRESENTED BY ITS MANAGER. BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13033/07 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF DEATH CERTIFICATE DT 27.12.2006 ISSUED BY REGISTRAR OF BIRTH AND DEATHS AND HEALTHINSPECTOR GRADE-1 TO PETITIONER. EXT.P2: TRUE COPY OF SPECIAL NOTICE ISSUED BY RESPONDENT TO PETITIONER. EXT.P3: TRUE COPY OF REPRESENTATION DT 5.3.2007 SUBMTITED BY PETITIONER TO RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 13033 OF 2007 B ==================== Dated this the 8th day of August, 2008 J U D G M E N T The prayer in this writ petition is to direct the respondent to write off/waive the liability to the extent of Rs.1 lakh in view of the Government orders, circular and policy decision. 2. Petitioner is placing reliance on GO(P) No.590/1977/Fin dated 17/6/77, a Government Order providing that liabilities incurred by deceased employees to the Government upto Rs. 2 lakhs will be written off subject to the other conditions specified in the Government Order. It is claiming the benefit of this Government Order, the relief has been sought for in this writ petition. 3. A reading of the Government order shows that the liability which is decided to be written off is the liability incurred by the deceased employee to the Government. Admittedly, in this case, liability is incurred to the respondent, a Government Company incorporated under the provisions of the Companies Act. Therefore, the Government order is inapplicable. In view of this, petitioner cannot be granted the relief prayed WPC 13033/07 :2 : for. 4. Be that as it may, I leave it open to the petitioner to pursue with the respondent for waiver or reduction of any part of the liability, if they have any such scheme providing for such a relief. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp