State Of Kerala v. P.K. Vasu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 W.A.No. 606 of 2012 () IN WP(C).5833/2006 ------------------------------------------ AGAINST THE JUDGMENT IN W.P(C) NO.5833/2006 OF HIGH COURT OF KERALA DATED 19-12-2011 APPELLANT(S)/RESPONDENTS 3 & 4 IN W.P.(C) :
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1. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINSTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT.
BY SR. GOVERNMENT PLEADER, SRI. P. FAZIL RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1 & 2 IN W.P.(C) : -------------------------------------------------------------------------------------------------
1. P.K. VASU (LATE), PUTHENVELIYIL, CMC 28, ARTHUNKAL ROAD, CHERTHALA.P.O., ALAPPUZHA DISTRICT-688 524.
2. JANAKI, W/O. LATE VASU, PUTHENVELIYIL, CMC 28, ARTHUNKAL ROAD, CHERTHALA.P.O., ALAPPUZHA DISTRICT-688 524
3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110003.
4. THE SECRETARY TO GOVERNMENT MINISTRY OF HOME AFFAIRS, LOK NAIK BHAVAN, KHAN MARKET, NEW DELHI-110 003.
R1 & R2 BY SRI.B.KRISHNA MANI R3-R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.T.O.
ANTONY DOMINIC & SHAJI P. CHALY, JJ.
----------------------------------------------- W.A. No.606 OF 2012 ----------------------------------------------- Dated this the 5th day of June, 2015
JUDGMENT
Antony Dominic, J.
This writ appeal is filed against the judgment of the learned Single Judge in W.P.(C) No.5833 of 2006. The said writ petition was filed by the Respondents 1 and 2 herein, complaining of non-consideration of Ext.P1 application submitted for pension under the Swatantrata Sainik Samman Pension scheme. Though the Government of Kerala passed order dated 26.09.2007, declining to recommend the application to the Central Government, the said order was not served on the respondents. However, pursuant to the order dated 01.12.2011 passed in the writ petition, that order was produced in Court. Thereupon, the learned Judge delivered the judgment under appeal, dismissing the writ petition, but, however, imposing costs of Rs.10,000/- on the appellants for not serving the order dated 26.09.2007 on the respondents. It
W.A.No.606 of 2012 is aggrieved by the imposition of costs, this writ appeal is filed.
2. Having heard the counsel for the parties, we find that there is no statutory or other obligation on the appellants to have served the order dated 26.09.2007 on the applicant for Freedom Fighters Pension. If that be so, the failure to serve the order on the respondents 1 and 2 cannot be said to be a failure of a statutory or other duty, leading to any consequence. Therefore, according to us, this was not a fit case where costs could have been imposed on the appellants. For that reason, we delete the direction in the judgment of the learned Single Judge, requiring payment of Rs.10,000/- as costs to the respondents 1 and 2. The appeal is disposed of accordingly.
Sd/- ANTONY DOMINIC JUDGE Sd/- SHAJI .P. CHALY JUDGE //true copy// P.S. to Judge St/-