IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26387 of 2011(W) -------------------------- PETITIONER(S): --------------- MARY STELLA, W/O.LATE JOHNSON A, KARIYILAKETTU PURAIDOM, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT, PIN-695521 BY ADV. SRI.K.M.SATHYANATHA MENON SRI.SANTHOSHKUMAR.A RESPONDENT(S): --------------- 1. KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD(MATSYAFED) KAMALESWARAM,THIRUVANANTHAPURAM-695009 REP.BY ITS MANAGING DIRECTOR, 2. VIZHINJAM SOUTH MATSYATHOZHILALI DEVELOPMENT CO-OPERATIVE SANGAM NO.F(T)31, GENGAYATTINKARA, KOTTAPPURAM P.O.,VIZHINJAM, THIRUVANANTHPAURAM PIN-695521, REP.BY ITS SECRETARY. 3. THE RELIANCE GENERAL INSURANCE COMPANY LTD, FIRST FLOOR, VISHNU BUILDING, K.P.VALLAN ROAD, KADAVANTHRA, KOCHI-682020 REP.BY ITS REGIONAL MANAGER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU W.P.C.NO.26387/2011 APPENDIX PETITIONER'S EXHIBITS: P1:- COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.29/2010 OF VIZHINJAM POLICE STATION. P2:- COPY OF THE POST-MORTEM CERTIFICATE DATED 15.1.2010 ISSUED BY THE DEPARTMENT OF FORENSIC MEDICINE, MEDICAL COLLEGE, THIRUVANANTHAPURAM. P3:- COPY OF THE ORDER DATED 19-8-2010 ISSUED BY THE COMMISSIONER OF KERALA MATSYATHOZHILALI WELFARE FUND BOARD, POONKUNNAM. P4:- COPY OF THE IDENTITY CARD ISSUED BY THE 2ND RESPONDENT SOCIETY IN FAVOUR OF LATE JOHNSON. P5:- COPY OF THE ACCIDENT INSURANCE PREMEUM CARD ISSUED BY THE 2ND RESPONDENT SOCIETY IN FAVOUR OF LATE JOHNSON. P6:- COPY OF THE RELEVANT PAGES OF THE SOCIETY WISE LIST OF MEMBERS ENROLLED UNDER THE FISHERMEN ACCIDENT INSURACE SCHEME FOR THE YEAR-2009-2010 ISSUED BY THE 2ND RESPONDENTS SOCIETY. P7:- COPY OF THE COMMUNICAITON DATED 17.7.2010 SENT BY THE DISTRICT MANAGER OF THE MATSYAFED, THIRUVANANTHAPURAM TO THE MANAGING DIRECTOR OF THE MATSYAFED ,THIRUVANANTHAPURPAM. P8:- COPY OF THE COMMUNICATION DATED 21.8.2010 SENT BY THE GENERAL MANAGER OF THE MATSYAFED TO THE 3RD RESPONDENT. P9:- COPY OF THE CERTIFICATE DATED 28.6.2010 ISSUED FROM SREE KRISHNA HOSPITAL,VIZHINJAM. P10:- COPY OF THE COMMUNICATION DATED 18.5.2011 SENT BY THE IST RESPONDENT TO THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. /TRUE COPY/ P.A.TO JUDGE SU RESPONDENTS' EXHIBITS: NIL. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 26387 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 10th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner seeks a writ against the third respondent to release the compensation due to her under a policy of insurance. The third respondent is purely a private company incorporated under the provisions of the Companies Act and does not answer the test laid down by the Apex Court to hold that it is a State or other authority under Article 12 of the Constitution of India. Therefore, the writ petition against the third respondent cannot be maintained. Accordingly, writ petition is dismissed, without prejudice to the contentions and remedies available to the petitioner. Sd/- (ANTONY DOMINIC, JUDGE) aks/10/10 // True Copy // P.A. To Judge