Gokuldas v. Government Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H WP(C).No. 25994 of 2015 (Y) ---------------------------- PETITIONER(S):
-------------------------- GOKULDAS, PARAKKUNNU PARAMBIL HOUSE, ATHAVANADU PO, MALAPPURAM DISTRICT BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SRI.M.A.VINOD SMT.B.SABITHA (DESOM) RESPONDENT(S):
---------------------------- 1.
GOVERNMENT OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GPAIS CLAIMS SECTION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 014 2.
THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD; NO.4329, HEAD OFFICE, P.B. NO.8, MALAPPURAM - 676 505 3.
THE DIRECTOR OF INSURANCE, DIRECTORATE OF INSURANCE TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014 R1 & R3 BY SRI BIJU MEENATTOOR, GOVERNMENT PLEADER R2 BY SRI.E.S.M.KABEER,SC,MALAPPURAM DIST.CO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25994 of 2015 (Y) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:
P1:
COPY OF THE LETTER NO.HO/GPAIS/CLAIM/14 DATED 05.02.2014 P2:
COPY OF THE LETTER NO.14233/EST.D3/14/FIN DATED 06.03.2014 P3:
COPY OF THE LETTER NO.HO/GPAIS/CLAIMS/14/10856 DATED 19.03.2014 P4:
COPY OF THE LETTER NO.14233/EST.D3/14/FIN DATED 15.05.2014 P5:
COPY OF LETTER NO.HO/GPAIS/CLAIM/13 DATED 03.06.2014 P6:
COPY OF THE LETTER NO.KSID/GPAIS/M4/7471/14 DATED 21.06.2014 P7:
COPY OF THE APPEAL SUBMITED BY THE PETITIONER DATED 12.08.2014 RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE JV
ANIL K. NARENDRAN, J.
------------------------------- W.P.(C). No.25994 of 2015 ---------------------------------------------- Dated this the 21st day of August, 2015
JUDGMENT
The petitioner's mother late Santha was employed under the 2nd respondent Company. She died on 05.01.2013 due to the injury sustained in a bus accident, which occurred on 02.01.2013. Though the petitioner made a claim for compensation under the State Insurance, the said claim was rejected by Ext.P6 order dated 21.06.2014. Against the said order, the petitioner filed Ext.P7 appeal before the 1st respondent. It is during the pendency of that appeal, the petitioner is before this Court in this writ petition seeking a writ of mandamus commanding the 1st respondent to consider Ext.P7 appeal filed by the petitioner within a time limit.
2. I heard the arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.
3. Considering the fact that Ext.P7 appeal is pending consideration before the 1st respondent, this writ petition is disposed of directing the 1st respondent to consider and pass
W.P.(C). No.25994 of 2015 appropriate orders on Ext.P7 appeal, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner.
It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in Ext.P7 and it is for the 1st respondent to consider and pass appropriate orders on the said appeal, strictly in accordance with law.
SD/- ANIL K. NARENDRAN, JV JUDGE