IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WA.No. 2312 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.8403/1998 DATED 15/10/2005 .................... APPELLANTS: RESPONDENTS IN O.P: --------------------------------------------------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FORESTS (PROTECTION), THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER, THRISSUR. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENTS: PETITIONERS IN O.P. -------------------------------------------------------- 1. K.SAROJINI MANDAL, W/O.LATE SANKARAN NAMBIDI, RTD.RANGE OFFICER, KUNDIL MADAM P.O., ARIMBOOR, THRISSUR. 2. K.RAMANKUTTY, S/O.LATE SANKARAN NAMBIDI, DO. DO. 3. K.KRISHNANKUTTY, S/O.LATE SANKARAN NAMBIDI, DO. DO. 4. SITA, D/O.LATE SANKARAN NAMBIDI, DO. DO. Kss ..2/- ...2..... W.A.NO.2312/2007 5. K.KOMALAVALLY, D/O.LATE SANKARAN NAMBIDI, RTD.RANGE OFFICER, KUNDIL MADAM P.O., ARIMBOOR, THRISSUR. 6. RAJAN, S/O.LATE SANKARAN NAMBIDI, DO. DO. * ( 7. PRAKASHAN, S/O.LATE SANKARAN NAMBIDI, DO. DO.) EXPIRED. 8. K.KUMARAN, S/O.LATE SANKARAN NAMBIDI, DO. DO. *ADDL.R9 & R10 ARE IMPLEADED: R9. LAKSHMI.K., AGED 8 YEARS, D/O.LATE PRAKASHAN, KUNDIL MADOM P.O., ARIMBOOR, THRISSUR. R10. DURGA K.,AGED 6 YEARS, D/O.LATE PRAKASHAN, ...DO...DO..... *LEGAL HEIRS OF EXPIRED 7TH RESPONDENT ARE IMPLEADED. MINOR DAUGHTERS (ADDL.R9 & R10) ARE REPRESENTED BY R1 AS PER ORDER DTD. 27/06/08 IN I.A.NO.591/08. ADV. SRI.T.A.UNNIKRISHNAN SRI.P.VIJAYA BHANU FOR R.1TOR6 & 8 SRI.M.GEORGE THOMAS FOR R.1TO6&8 SRI.THOMAS J.ANAKKALLUNKAL FOR R.1TO6&8 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.NO.2312 OF 2007 --------------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T Koshy,J. One Sankaran Nambidi retired as Range Officer on 30.6.1979. There were some liabilities fixed. He requested that the above liabilities may be realised from the death-cum-retirement, gratuity and arrears of pension. By Ext.P2 order, that was ordered to be recovered. Accordingly, that was recovered. It is also stated in Ext.P2 that balance can be recovered from the assets of the family members. He died on 14.9.1991. We make it clear that recovery, if any, can only be effected only from the assets inherited by the family members from Sankaran Nambidi, other than that, no recovery can be made from the assets of the family members. Writ appeal is disposed of accordingly. J.B. KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp WA.2312/07 2