IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 16060 of 2007(J) ---------------------------------------- PETITIONER(S): ------------------------ K.SUBHADRA, NANAYIKONAM MEKKEKARA, PUTHEN VEEDU, PUNNAKKAD, ATHIYANNUR VILLAGE, PERUMPAZHUTHOOR P.O., THIRUVANANTHAPURAM. BY ADV. MR.M.R.SUDHEENDRAN RESPONDENT(S): ------------------------- 1. HAIJI, W/O.LATE BINU KUMAR, HAIJI NIVAS, THAVARAVILA, IRUMBIL, ARUVIPURAM P.O., NEYYATTINKARA. 2. THE DIG OF POLICE, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. MR.L.MOHANAN FOR R1 SMT.LIGEY ANTONY FOR R1 MR.M.V.KIRAN MOHAN FOR R1 BY SR. GOVT. PLEADER MR.P.NANDAKUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16060/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REPRESENTATION DTD. NIL SUBMITTED BY THE PETITIONER ON 9.2.2007 TO THE RESPONDENTS 2 AND CITY POLICE COMMISSIONER , THIRUVANANTHAPURAM. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------------------- W.P.(C)No.16060/07 ------------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The petitioner is the mother of late. M.Binu Kumar who passed away on 22/9/2006 while he was in service as Police Constable. The first respondent is the wife of late M.Binu Kumar. In this writ petition the petitioner claims payment of one half of the terminal benefits which the estate of the deceased employee is entitled to receive. The petitioner however concedes the entitlement of the first respondent to receive family pension. 2. The petitioner has not produced any material to show that terminal benefits have been sanctioned to the legal heirs of the deceased employee. In these circumstances I dispose of the writ petition with the direction to the first respondent, the Deputy General of Police, Thiruvananthapuram to issue necessary directions to the competent authority to pass orders in the matter of payment of terminal benefits if any, due on account of late M.Binu Kumar to his legal heirs. A decision in that regard shall be taken within four months from today after affording the W.P.(C).No.16060/07 2 petitioner and the first respondent a reasonable opportunity of being heard. After orders are passed, as directed above, a copy thereof shall be communicated to the petitioner and the first respondent simultaneously. Disbursement of monetary benefits shall also be made expeditiously thereafter in terms of the decision. P.N.RAVINDRAN, JUDGE skj. The second sentence in paragraph 2 of the judgment dated 17/06/2009 in WP(C) 16060/2007 is deleted and substituted with the following sentence: “In these circumstances, I dispose of this writ petition with a direction to the second respondent, the Deputy Inspector General of Police, Thiruvananthapuram to issue necessary directions to the competent authority to pass orders in the matter of payment of terminal benefits if any, due on account of late M.Binu Kumar to his legal heirs”. as per order dated 13/08/2009 in WP(C)16060/2007. Sd/- Registrar (Judicial)