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. 26687 of 2005(B) ----------------------------------------- PETITIONER(S): ------------------------ 1. M. SUDHA GOPINATHAN, D/O. LATE M.K. KRISHNA MENON, MUNDAKKAL HOUSE (KAMALALAYAM), EROOR WEST P.O., TRIPUNITHURA. 2. M. KRISHNA KUMAR, S/O. LATE M.K. KRISHNA MENON, MUNDAKKAL HOUSE (KAMALALAYAM), EROOR WEST P.O., TRIPUNITHURA. 3. M. VIJAYAN, S/O. LATE M.K. KRISHNA MENON MUNDAKKAL HOUSE (MAKALALAYAM), EROOR WEST P.O., TRIPUNITHURA. BY ADV. SRI.P.SATHISAN RESPONDENT(S): ------------------------ 1. ACCOUNTANT GENERAL, ACCOUNTS & AUDITS DEPARTMENT, TRIVANDRUM. 2. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. CANARA BANK, EROOR, TRIPUNITHURA. ADV. SRI.PAULY MATHEW MURICKEN,SC,CANARA BANK FOR R3 GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN 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.26687/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER DT. 11.6.97 SUBMITTED BY M.R.KRISHNA MENON TO THE 2ND RESPONDENT. P2:- COPY OF THE ORDER NO.H2-38533/96 DT. 7.97 ISSUED BY THE 2ND RESPONDENT. P3:- COPY OF THE LETTER DT. 25.1.99 ISSUED FROM INDIAN AUDIT AND ACCOUNTS DEPARTMENT. P4:- COPY OF THE DEATH CERTIFICATE OF KAMALAMMA DT. 5.3.04. P5:- COPY OF THE WILL EXECUTED BY KAMALAMMA IN FAVOUR OF SUMATHI AS 10/88 ON 13.1.88. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.26687 OF 2005 --------------------------------------- Dated this the 17th day of December, 2008. J U D G M E N T This writ petition is filed with the following prayer: a) Issue a writ of mandamus or such other order or direction directing respondents to disburse Family Pension of M.R.Krishna Menon to M.Sumathi, D/o. M.R.Krishna Menon through 1st petitioner within a time fixed by this Hon'ble Court and also to continue to disburse the same as per law. In view of Exhibit P5 Will, there will be a direction to the respondents to disburse the family pension payable to M.Sumathi to the 1st petitioner herein particularly since the 2nd petitioner, who is originally authorized as per Exhibit P1, has no objection. The needful shall be done, if not already done, 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. 26687 OF 2005 J U D G M E N T 17.12.2008