IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 18802 of 2006(L) ------------------------------------- PETITIONERS: -------------------- 1. USHA. M.K., AGED 50, W/O.LATE T.K. ACHUTHAN, THUMBAPARAMBIL HOUSE, VALIYAVATTOM, NARAKKAL. 2. RATHEESH KUMAR. T.A., AGED 30, S/O. LATE T.K. ACHUTHAN, DO. 3. DHANYA. T.A., AGED 25, D/O.LATE T.K. ACHUTHAN, DO. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.N.SURESH RESPONDENTS: ---------------------- 1. STATE OF KERALA TO BE REP. HOME SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIMES, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 18802/2006 L APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE SANCTION LETTER NO. PR5/PEN.A/769/99-2000/1101 DT. 28/09/99. EXT.P2. COPY OF THE GRATUITY PAYMENT ORDER GIVEN TO THE P1 DT. 10/11/99. EXT.P2A. COPY OF THE -DO- TO THE P2 DT. 3/11/99. EXT.P2B. COPY OF THE -DO- TO THE P3 DT. 3/11/99. EXT.P3. COPY OF THE REPRESENTATION GIVEN BY THE P1 TO THE R3 DT. 21/06/04 FOR NLC OF THEDECEASD T.K. ACHUTHAN. EXT.P4. COPY OF THE LETTER NO. A6. 30811/CR/98 OF THE R3 DT. 1/07/05. EXT.P5. COPY OF THE GO RT NO. 2051/06/HOME DT. 2/09/06. EXT.P6. COPY OF THE ORDER NO. A6. 30811/CR/98 DT. 11/1/97. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No. 18802 of 2006-L ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 24th day of March, 2008 J U D G M E N T The writ petition was filed seeking a direction to the second respondent to pass orders on Ext.P4 for writing off the liability of late T.K.Achuthan and for a further direction to disburse the D.C.R.G to the petitioners. 2. Counter affidavit has been filed by the respondents stating that all the retirement benefits except the DCRG were released to the petitioners earlier. There was a balance payment outstanding towards Motor Conveyance Allowance and therefore, Non Liability Certificate could not be issued. But, by GO (Rt) No.2051/06/Home, dated 02/09/2006, the Government accorded sanction to write off the Motor Conveyance Allowance in respect of late T.K.Achuthan, and accordingly, the Additional Director General of Police (Crimes), Thiruvananthapuram, has issued a N.L.C. This fact is confirmed by Exts.P5 and P6 produced by the petitioner along with I.A.No.2922/2008. 3. In the result, the writ petition is disposed of directing the third respondent to see that petitioners are able to get the D.C.R.G due on account of late T.K.Achuthan as early as possible, at any rate, within one month from the date of receipt of a copy of this judgment. V.GIRI, JUDGE ms