IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35041 of 2010(E)
1. INDU HARIDAS
... Petitioner
Vs
1. STATE OF KERALA AND OTHERS
... Respondent
For Petitioner :SRI.C.CHANDRASEKHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :23/11/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 35041 of 2010
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Dated this the 23rd day of November, 2010
J U D G M E N T
The petitioner, a minor represented by her mother and
guardian, claims to be the daughter of late Harikuttan Nair
in his second wife namely Smt. Baby. She has filed this writ
petition claiming share in the retirement benefits and family
pension on the death of the said Harikuttan Nair who was a
Government servant. The petitioner seeks the following
reliefs:
“a) a writ of mandamus or other appropriate writ, order or
direction commanding the respondents to pass necessary
order allotting a share in the family pension and other
benefits due to the death of her father along with the
4th respondent.
b) a writ of mandamus or other appropriate writ order or
directions directing the respondents to pass appropriate
order on Ext.P9 representation submitted by her after
hearing the petitioner;”
I have heard the learned Government Pleader also.
Admittedly, the said Harikuttan Nair had earlier married
the 4th respondent herein, in which marriage he has other
children also. The question as to whether Smt. Baby was
W.P.(C)No. 35041 of 2010
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the second wife of late Harikuttan Nair or whether the
petitioner is the daughter of Sri. Harikuttan Nair are all
facts which require proof through evidence. The
respondents cannot decide that issue. In such
circumstances, the remedy of the petitioner lies in filing a
suit and proving her claim by producing appropriate
evidence in that respect. Therefore, I am not inclined to
entertain this writ petition in exercise of my discretionary
jurisdiction under Article 226 of the Constitution of India.
Therefore, without prejudice to the right of the petitioner to
seek her reliefs in a suit, this writ petition is dismissed.
S. SIRI JAGAN
JUDGE
shg/