IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 30287 of 2004(E) -------------------------- PETITIONER(S): --------------- R.PURANDARAN, RETIRED DEVASWOM ADMINISTRATIVE OFFICER, KALA BHAVANATHIL, POTHAPPALLYVADAKKUM MURI, KUMARAPURAM VILLAGE, HARIPAD. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD OFFICE, MAVELIKKARA. ADV. SRI.P.G.PARAMESWARA PANICKER,SC, TDB FOR R1,2 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R.1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2.9.2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 30287/04 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LAWYER NOTICE DTD.22.9.97. P2. COPY OF THE LAWYER NOTICE DTD.4.3.99. P3. COPY OF THE REPLY DTD.9.3.99. P4. COPY OF THE PETITION DTD.9.3.99. P5. COPY OF THE JUDGMENT IN O.S.NO.188/99 OF THE MUNSIFF'S COURT, HARIPPAD. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 30287 of 2004 ================== Dated this the 2nd day of September, 2010 J U D G M E N T The petitioner retired from the Travancore Devaswom Board on 31.5.1996 after 30 years of service. According to the petitioner, no amounts are due from the petitioner to the Board by way of liability, which has been so declared by the Munsiff's Court, Harippad, in O.S. No.188/1999 filed by the Devaswom Board against the petitioner. Despite the same, DCRG amounting to Rs.39,000/- and a further amount of Rs. 3353.23 due to the petitioner have not been paid to the petitioner, is his contention. Therefore, the petitioner seeks a direction to the respondents to pay to him Rs.42.353.23 with interest at the rate of 12% for the delayed payment from 31.5.1996 onwards. 2. I have heard the parties. 3. No counter affidavit has been filed to dispute the contentions of the petitioner. From Ext.P5 judgment of the Munsiff's Court, Harippad, I find that the suit for recovery of an amount of Rs.80,586.53 from the petitioner, filed by the Board has been dismissed by the Munsiff's Court. The petitioner submits that the appeal filed against the said judgment has also been dismissed. There is no counter affidavit to dispute those contentions. In the above circumstances, it has to be accepted that the petitioner is not liable to w.p.c.30287/04 2 pay any amount to the Board towards liability. Consequently, the petitioner has become eligible for the full amount of retirement benefits due to the petitioner. The same shall be paid to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment with 6% interest from 1.6.1996 till payment. The writ petition is allowed as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge