IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 27027 of 2009(W) -------------------------------------- PETITIONER: ------------------- ANANDAVALLY AMMA D, W/O.JAYAPRAKASH, BUILDING INSPECTOR (RETIRED), KANHANGAD MUNCIPALITY, KANHANGAD, NOW RESIDING AT 'KARTHIKA', POLICE HOUSING COLONY, KUNDERI, KALPETTA, WAYANAD DISTRICT. BY ADV. SRI. N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI. S.SUJIN SMT. NITA.S. RESPONDENT(S): ------------------------- 1. THE SECRETARY,KALPETTA MUNICIPALITY, KALPETTA, WAYANAD. 2. THE DIRECTOR OF MUNCIPALIATIES, DIRECTORATE OF MUNCIPALIATY, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. * ADDITIONAL R4 KANHANGAD MUNICIPALITY, KANHANGAD REPRESENTED BY ITS SECRETARY (* IMPLEADED AS ORDER DATED 01.10.2010 IN I.A. No. 13481/10) R2 & R3 BY GOVERNMENT PLEADER SRI. SANDESH RAJA R1 BY ADV. SRI.JOE JOSEPH KOCHIKUNNEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27027 of 2009(W) ------------------------------------- APPENDIX PETITINER'S EXHIBITS: EXT. P1 : COPY OF THE ORDER NO. 2270/04 DT. 15.12.2008 ISSUED BY THE 1ST RESPONDENT EXT. P2 : COPY OF THE LETTER NO. G1-12419/2007 DT. 02.03.2009 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY EXT. P3 : COPY OF THE LETTER NO. 686/09 DT: 20.03.2009 ISSUED BY THE REGIONAL JOINT DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM EXT. P4 : COPY OF THE LETTER NO. G1-12419/07 DT. 02.03.2009 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY EXT. P5 : COPY OF THE LETTER NO. G1-12419/07 DT. 23.06.2009 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY. TRUE COPY PA TO JUDGE SMT S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.27027 OF 2009 --------------------------------------- Dated this the 1st day of March, 2011 JUDGMENT The petitioner is a retired employee of the Kanhangad Municipality. She retired on 30.11.2007. The petitioner filed this writ petition complaining that retirement benefits due to the petitioner have not been paid to the petitioner. Originally, the petitioner impleaded the Kalpetta Municipality as the respondent, who is liable to pay the retirement benefits. Subsequently, the Kanhangad Municipality was impleaded as additional 4th respondent in the writ petition. Notice was served on them. They did not choose to enter appearance and contest the matter. I passed the following interim order on 6.1.2011: “Counsel for the petitioner submits that the 4th respondent Municipality has already forwarded pension papers of the petitioner to the 2nd respondent and the 4th respondent is awaiting sanction orders from the 2nd respondent for disbursal of retirement benefits to the petitioner. Govt. Pleader shall get instructions from the 2nd respondent as to whether the pension papers of the petitioner have been received and what orders have been passed on the same. Post after two weeks”. Subsequently, after hearing the learned Government Pleader, I W.P.(C)No.27027/10 2 passed the following interim order on 25.1.2011: “The learned Govt. Pleader submits that orders sanctioning retirement benefits to the petitioner has already been passed and forwarded to the Municipality as early as on 13/9/2010. Despite service of notice on the 4th respondent Municipality there is no appearance on behalf of the 4th respondent. In the above circumstances, there would be an interim order directing the 4th respondent to pay to the petitioner the entire retirement benefits due to her as sanctioned by the 2nd respondent within a period of one month from today”. Despite the same, the 4th respondent has not chosen to enter appearance and contest the matter. The learned counsel for the petitioner submits that the interim order has not been complied with. If it has not been complied with, the remedy of the petitioner lies in moving for contempt of court. Since the 4th respondent has not chosen to enter appearance, nothing further needs to be done in this case except to dispose of this writ petition in terms of the interim order dated 25.1.2011. Accordingly, the writ petition is disposed of in terms of the interim order dated 25.1.2011. S. SIRI JAGAN, JUDGE acd W.P.(C)No.27027/10 3 W.P.(C)No.27027/10 4