IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 639 of 2006(A) ----------------------------------- PETITIONERS: --------------------- 1. P.S.OMANA, SUPERINTENDENT, A.T.O, K.S.R.T.C, THODUPUZHA, RESIDING AT VILAKALLIL PUTHENPURAYIL HOUSE, NAGAPPUZHA P.O. KALLOORKKADU, MUVATTUPPUZHA. 2. T.C.GOPI, CONDUCTOR, ATO, KSRTC, ANGAMALY, RESIDING AT THONIKUZHIYIL, KOLANI PO, THODUPUZHA. BY ADV. SRI.C.A.CHACKO, SMT.C.M.CHARISMA, SRI.N.A.SHAFEEK. RESPONDENTS: ----------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. THODUPUZHA. 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C. ANGAMALY. 4. THE SECRETARY, IDUKKI K.S.R.T.C. EMPLOYEES CO-OPPERATIVE SOCIETY LTD.NO. T-235, MOOLAMATTOM. *ADDL. RESPONDENTS 5 TO 7 IMPLEADED: 5. USHA.S.R, W/O. LATE G.O. GIRISH KUMAR, GIRI VILASAM, PALLIPURAM.P.O., PEROORKADA, TRIVANDRUM. W.P.(C). NO.639/2006-A: 6. SREE HARI (MINOR), S/O. LATE GIRISH KUMAR, RESIDING AT -DO-, -DO-, -DO-. 7. SREEDEVI, (MINOR), D/O. LATE GIRISH KUMAR, RESIDING AT -DO-, -DO-, -DO-. (MINORS ARE BEING REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN USHA.S.R). *IMPLEADED AS PER I.A. 1578/2006, ALLOWED BY JMJ (J) ON 04/01/2007. R1 TO R3 BY SRI.K.PRABHAKARAN, SC, K.S.R.T.C, ADDL. RESPONDENTS BY ADV. SRI.JOICE GEORGE, R4 BY ADV. SRI.T.M.RAMAN KARTHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.639/2006-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 14/02/2005 ISSUED BY THE R.4. TO THE R.2. EXT.P.2: COPY OF THE REPRESENTATION DTD. 30/11/2005 SUBMITTED BY THE PETITIONERS BEFORE THE R.4. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE SURETY BOND EXECUTED BY THE PRINCIPAL DEBTOR AS ALSO THE PETITIONERS DTD. 04/04/2001. EXT.R4.B: COPY OF THE NOTICE DTD. 28/02/2004 ISSUED BY THE R.4. TO THE PRINCIPAL DEBTOR WITH COPY TO THE PETITIONERS. EXT.R4.C: COPY OF THE ACKNOWLEDGEMENT EVIDENCING RECEIPT OF EXT.R4.B NOTICE BY THE PRINCIPAL DEBTOR AND THE SURETIES. EXT.R4.D: COPY OF THE APPLICATION SUBMITTED BY THE R.4. SOCIETY BEFORE THE R.1. ON 01/12/2005. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.639 OF 2006 --------------------------------------- Dated this the 17th day of December, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to consider Ext.P2 representation filed by the petitioners forthwith and proceed against the service benefits of the deceased principal debtor. There will be a direction to the first respondent to look into Exhibit P2 and take appropriate action thereon in accordance with law, if not already taken, within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.639 OF 2006 J U D G M E N T 17.12.2008