IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 8795 of 2009(T) ------------------------- PETITIONER(S): ----------------- M.V.ANIL KUMAR, S/O.M.VIJAYA MENON, AGED 42 YEARS, SANTHI BHAVAN, VENNALA, KOCHI-28. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): ------------------- 1. SUB TREASURY OFFICER, PENSION PAYMENT TREASURY OFFICER, ERNAKULAM. 2. THE DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8795 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE DEATH CERTIFICATE OF SARASWATHI AMMA DATED 03.10.05. EXT.P2: TRUE COPY OF THE RELEVANT PAGES OF THE PASS BOOK OF THE TREASURY SAVINGS BANK. EXT.P3: TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO THE BROTHER OF THE PETITIONER. EXT.P4: TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION DATED 09.05.06. EXT.P5: TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE THAHSILDHAR, KANAYANNUR TALUK DATED 29.11.08. EXT.P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 13.08.08. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge sk/- V.GIRI, J. --------------------------- W.P.(C).8795 of 2009 --------------------------- Dated this the 3rd day of June, 2009 JUDGMENT The petitioner's mother (late M.K.Saraswathy Ama) died on 20.8.2005. She had deposited Rs.1 lakh in the Treasury Savings Bank account and the petitioner, along with other legal representatives, applied for the same. They have been asked to effect a publication in the gazette showing that he and his brothers are the legal representatives competent to receive the payments due under the account of the deceased. 2. It is pointed out by the petitioner that such a publication in relation to another deposit amount of Rs.5,000/- was actually effected in the gazette, as evidenced by Ext.P4 and in such circumstances, further publication may not be insisted. Reference is also made to Ext.P5 legal heirship certificate, inter alia, referring to the publication made. W.P.(C).8795 of 2009 :: 2 :: 3. I heard learned counsel for the petitioner and the learned Government Pleader. 4. Learned Government Pleader submits that a publication in the gazette in the same manner as in Ext.P4 is necessary in this case also. 5. In my view since there has already been a publication, which has been referred to by the Tahsildar, as per Ext.P4, the same should be treated as sufficient. In the result, there will be a direction to the respondents to pay to the petitioner and his brothers, who are shown in Ext.P4, the amounts due under account number TSB-477, without insisting on separate publication of the details of the legal heirs in the gazette, within a period of six weeks from the date of receipt of a copy of this judgment. At the same time, the petitioner and his brothers shall execute an indemnity bond in a stamp paper having value of Rs.50/-, agreeing to indemnify the respondents, of W.P.(C).8795 of 2009 :: 3 :: any loss that may be caused to the Government, if there is a claim made by any other person claiming as the legal heir of late M.K.Saraswathy Amma, in relation to the deposit in question. Sd/- (V.GIRI) Judge sk/ //true copy// P.S. to Judge