IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 29398 of 2009(T) -------------------------- PETITIONER(S): --------------- K.NAGAPPAN NAIR, RETD. DEPUTY TAHSILDAR, RESIDING AT 'REVATHY', KODAVILAKOM, PARASSALA P.O., NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. MS.ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.29398 of 2009 --------------------------------- Dated, this the 19th day of October, 2009 J U D G M E N T The petitioner retired from the Service on 30/04/2000. Admittedly, pension was paid to the petitioner on 10/06/2004. His claim is that for no valid reason, terminal benefits were inordinately delayed, and therefore, interest should be paid. The petitioner moved the Lokayukta by filing complaint No.1350/2007, but that was withdrawn, as is seen from Ext.P7 order dated 14/06/2007. Thereafter, he filed Exts.P8 & P9 representations, and this writ petition is then filed praying that he should be paid interest for belated payment of pension. 2. As already seen, the petitioner retired on 30/04/2000, and pension was paid to the petitioner on 10/06/2004. Applying the period of limitation as provided in the Limitation Act, by now, the claim of the petitioner has become time barred. Therefore, at this stage, it is not possible for the petitioner to maintain a suit, in which event, this Court will not be justified in entertaining the claim WP(C) No.29398/2009 -2- even in a proceedings under Article 226 of the Constitution of India. As this Court will not be in a position to grant the relief to the petitioner, this writ petition is only to be dismissed, and I do so. (ANTONY DOMINIC, JUDGE) jg