IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 1637 of 2008(T) ------------------------------------ PETITIONER: ------------------ THANKAMMA, AGED 75 YEARS, W/O.KUNJUPANICKER, KARIKKATTUNIKARTHIL, KURUPPAMKULANGARA P.O., CHERTHALA. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ------------------------ 1. ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, CHERTHALA. 2. KERALA WATER AUTHORITY, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY ITS SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. NIRMAL, S/O.LATE K.K.SIVADASAN, AGED 5 YEARS(MINOR), REPRESENTED BY HIS MOTHER ANILAKUMARI, CHARNIKARTHIL, PALLIPURAM P.O., CHERTHALA. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.J.KRISHNA KUMAR, SC, KWA R1 & R2 SMT.N.SANTHA SRI.S.A.ANAND SRI.PETER JOSE CHRISTO GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.1637/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE DEATH CERTIFICATE OF KUNJUPANICKER ISSUED BY THE REGISTRAR OF BIRTH & DEATH DT. 10.9.04. EXT.P2:- COPY OF THE REPRESENTATION DT. 8.5.07 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3:- COPY OF THE CERTIFICATE DT. 1.6.07 ISSUED BY THE TAHSILDAR, CHERTHALA. ET.P4:- COPY OF THE JUDGMENT DT. 30 .6.06 IN OP(HMA) NO.1443/05 ON THE FILE OF FAMILY COURT, ALAPPUZHA. EXT.P5:- COPY OF THE AGREEMENT EXECUTED BETWEEN K.K.SIVADASAN AND ANILAKUMARI DT. 20.10.05. EXT.P6:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 25.9.07. /TRUE COPY/ P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No. 1637 of 2008 -------------------------- Dated this the 3rd April, 2008 J U D G M E N T Petitioner is the 75 years old, mother of one Sivadasan , who died in harness, while employed in the Water Authority. The 4th respondent is the minor son of Sivadasan in one Anilakumari. Marriage between Sivadasan and Anilakumari is dissolved , as evidenced by Exhibit P4 judgment. Therefore, the 4th respondent, the son of Sivadasan is also a legal heir, along with petitioner. Petitioner and 4th respondent are therefore class-I heirs as per Section 8 of the Hindu Succession Act. 2. Learned counsel for the petitioner and learned counsel for the 4th respondent submit that there are no other legal heirs of late Sivadasan. 3. The benefits due under the account of Sivadasan, therefore, are to be disbursed to the legal heirs. 4. I heard learned counsel for the petitioner, learned standing counsel for the Water Authority and learned counsel for the 4th respondent. W.P ( C) No. 1637 of 2008 2 In the result, the writ petition is disposed of directing the Water Authority to take steps to see that the retirement benefits due under the account of late Sivadasan is disbursed to the petitioner and 4th respondent in equal shares. This shall be done within a period of one month from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 1637 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007 W.P ( C) No. 1637 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.