High Court of KeralaWP(C)/25779/2015disposed of

G S Sureshkumar v. Director Institute Of Human Resources Development

2015-09-10Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 25779 of 2015 (V) ---------------------------- PETITIONER:

------------------ G.S. SURESHKUMAR THADATHUMKUZHYMANKOPIL, THIRUNAKKARA P.O.

KOTTAYAM 686 001.

BY ADVS.SRI.V.B.PREMACHANDRAN SRI.K.N.GOVINDANKUTTY MENON SRI.S.MADHAVAN NAIR RESPONDENTS:

----------------------

1. DIRECTOR, INSTITUTE OF HUMAN RESOURCES DEVELOPMENT PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14.

2. THE PRINCIPAL COLLEGE OF APPLIED SCIENCES, VATTAMKULAM NADUVATAM P.O., SUKAPURAM MALAPPURAM DISTRICT-679 576.

BY SRI.V.A.MOHAMMED, SC, IHRD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-092015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25779 of 2015 (V) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXHIBIT P1 - COPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.K.DIS 36860/2013/A4 DATED 27.1.14 ISSUED BY THE TAHSILDAR, THRISSUR.

EXHIBIT P2 - COPY OF THE REPRESENTATION DATED 25.11.14 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.25779 of 2015 --------------------------------------- Dated this the 10th day of September, 2015.

JUDGMENT

The petitioner is aggrieved with the fact that the Provident Fund and Death-Cum-Retirement Gratuity of the deceased Smt.Sajojini, the wife of the petitioner, has not been disbursed till date. The learned counsel for the petitioner submits that, the petitioner and the mother of the deceased are the legal heirs and the mother has to be impleaded in the above writ petition. However, it is to be noticed that, the petitioner has specifically averred in the writ petition that himself and the mother-in-law are the legal heirs of the deceased and that, he claims only his share of the Provident Fund and Death-Cum-Retirement Gratuity due to the deceased.

In such circumstances, the Director shall issue notice to the petitioner and the mother-in-law of the petitioner and decide on

W.P(C). No.25779 of 2015 the disbursement within a period of two months from the date of certified copy of this judgment. The petitioner, in any event, is entitled to one-half of the dues.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE sp The name "Smt.Sajojini" occurring in the 3rd line of paragraph 1 of the judgment dated 10.09.2015 in WP(C) No.25779 of 2015 is corrected and substituted as "Smt.K.M. Vanaja" vide order dated 20.10.2015 in I.A. 15249/2015 in WP(C) No.25779 of 2015.