High Court of KeralaWP(C)/10410/2015disposed of

D.Biju Kumar v. Kerala State Road Transport Corporation

2015-03-31Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10410 of 2015 (A) ---------------------------- PETITIONER(S):

------------------ D.BIJU KUMAR, S/O.DIVAKARAN AGED 44 YEARS, BIJU BHAVAN NELLIMOODU, MARUTHANCODE, AVANAMKJUZHI NEYYATTINKARA, THIRUVANANTHAPURAM.

BY ADVS.SRI.M.RAMASWAMY PILLAI SMT.PREETHY R. NAIR RESPONDENT(S):

------------------ 1.

KERALA STATE ROAD TRANSPORT CORPORATION TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 002.

REPRESENTED BY ITS MANAGING DIRECTOR 2.

THE FINANCE MANAGER, THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 002.

THE DISTRICT TRANSPORT OFFICER, CENTRAL, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695 002.

THE ASSISTANT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION NEYYATTINKARA SECTION NEYYATTINKARA - 695 121.

ROSHNI, D/O.LILLY AGED 34 YEARS, SURESH COTTAGE CANCORDIA LANE, PERURKADA KUDAPPANAKUNNU VILLAGE THIRUVANANTHAPURAM - 695 004.

WP(C) No.10410 of 2015 : 2 :

PRAJIT, AGED 4 1⁄2 YEARS, RESIDING AT SURESH COTTAGE, CANCORDIA LANE, PERURKADA KUDAPPANAKUNNU VILLAGE THIRUVANANTHAPURAM - 695 004.

MINOR REPRESENTED BY NEXT FRIEND THE FIFTH RESPONDENT R BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.10410 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

PHOTOCOPY OF THE JUDGMENT DATED 29.11.2013 IN OP.NO.136/2006 OF THE FAMILY COURT, THIRUVANANTHAPURAM.

EXHIBIT P2 :

THE PHOTOCOPY OF THE INTERIM ORDER DATED 19.3.2014 IN MAT.APPEAL NO.247/2014 EXHIBIT P3 :

THE PHOTOCOPY OF THE REPRESENTATION DATED 10.3.2015. RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.10410 of 2015 --------------------- Dated this the 31st day of March, 2015

J U D G M E N T

The petitioner has been made liable to pay maintenance under Ext.P1 judgment of the Family Court. Ext.P1 judgment is under appeal wherein Ext.P2 interim order has been passed. The petitioner contends that he is short of funds to comply with Ext.P2 interim order and is threatened with coercive steps.

2. The petitioner seeks release of the provident fund by respondents 1 to 4 under nonreturnable scheme. Ext.P3 representation submitted in this regard is pending consideration with the first respondent. The petitioner states that the provident fund if released would be applied to comply with Ext.P2 interim order in the appeal against Ext.P1 judgment.

3. I direct the first respondent to consider Ext.P3 representation with notice to the petitioner and respondents 5 and 6 who are his wife and child. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.