IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 9995 of 2011(Y) ------------------------ PETITIONERS: --------------- 1. C.K.RAJAMMA,AGED 65 YEARS, W/O.P.M.NARAYANAN,RAM NIVAS NO-2,KIDANGARA.P.O, 686507,ALAPPUZHA DISTRICT. 2. SHEEJA BINU,AGED 34 YEARS,W/O.BINU, RAM NIVAS NO-2,KIDANGARA.P.O,686507, ALAPPUZHA DISTRICT. 3. NANDU.B.NARAYANAN(MINOR),AGED 10 YEARS, S/O.LATE BINU,RAM NIVAS NO-2,KIDANGARA.P.O, 686507,ALAPUZHA DISTRICT,REPRESENTED BY MOTHER AND LAWFUL GUARDIAN,SHEEJA BINU,AGED 34 YEARS, W/O.BINU,RAM NIVAS NO-2,KIDANGARA.P.O, ALAPPUZHA DISTRICT,PIN-686507. 4. NIDHIN.B.NARAYANAN(MINOR),AGED 7 YEARS, S/O.LATE BINU,RAM NIVAS NO-2,KIDANGARA.P.O, 686507,ALAPUZHA DISTRICT,REPRESENTED BY MOTHER AND LAWFUL GUARDIAN,SHEEJA BINU,AGED 34 YEARS, W/O.BINU,RAM NIVAS NO-2,KIDANGARA.P.O, ALAPPUZHA DISTRICT,PIN-686507. 5. NIKHIL.B.NARAYANAN(MINOR)AGED 4 YEARS, S/O.LATE BINU,RAM NIVAS NO-2,KIDANGARA.P.O, 686507,ALAPUZHA DISTRICT,REPRESENTED BY MOTHER ANDLAWFUL GUARDIAN,SHEEJA BINU,AGED 34 YEARS, W/O.BINU,RAM NIVAS NO-2,KIDANGARA.P.O, ALAPPUZHA DISTRICT,PIN-686507. BY ADVS. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.M.V.BAIJU SMT.REVATHY P.NAIR RESPONDENTS: ---------------------- 1. THE NATIONAL INSURANCE CO.LTD, REP;BY THE GENERAL MANAGER, REGISTERED OFFICE,NO.3, MIDDLETON STREET,KOLKATTA, WEST BENGAL, PIN-700071. 2. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD, BRANCH OFFICE,PARAKKADAVIL COMPLEX, PALACE ROAD,CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686001. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.9995 of 2011 -------------------------- Dated this the 29th March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: "i) To issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading upto Ext.P6 and quash Ext.P6; ii) To issue a declaration that the petitioners are entitled to claim on the basis of Ext.P1 policy; iii) To issue a writ of mandamus or any other appropriate writ or order or direction, directing respondents to issue the benefit on the basis of Ext.P1 without any further delay." 2. Heard the learned counsel for the petitioner in detail. Petitioners are claiming the benefit arising out of Ext.P1 policy. The question is whether the issue can be considered by this Court under Article 226 of the Constitution of India. 3. Similar issue had already come up before this Court earlier and it has been made clear that it is a matter which requires to be adjudicated on the basis of W.P (C) No. 9995 of 2011 2 the specific pleadings and evidence to be adduced. The discretionary jurisdiction of this Court under Article 226 of the Constitution of India is not liable to be exercised in this regard as held by this Court vide the judgment passed in O.P. No.10435 of 2010. This Court does not find any reason to deviate from the above course. In the above circumstance, interference is declined and the writ petition is dismissed; however without prejudice to the rights and liberties of the petitioners to pursue the remedy before the other appropriate Forum, in accordance with the relevant provisions of law. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge W.P (C) No. 9995 of 2011 3