IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2041 of 2011(E)
1. ARJUN BHASKAR, KAILATHU KAROTHU HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KERALA KHADI AND VILLAGE INDUSTRIES
3. PROJECT OFFICER, KERALA KHADI
For Petitioner :SRI.C.S.SUNIL
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :28/01/2011
O R D E R
S. Siri Jagan, J.
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W.P(C) No.2041 of 2011
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Dated this, the 28th day of January, 2011.
J U D G M E N T
Petitioner’s mother, who was in the service of the respondents,
died on 29.3.2004. The petitioner has filed this writ petition
complaining that the DCRG amount of Rs. 33816/- due to the mother
of the petitioner has not been disbursed to her legal heirs yet.
2. I directed the learned standing counsel for the 2nd respondent
to get instructions in the matter. He today submits that the death
certificate and legal heirship certificate produced by the petitioner
have been returned and the the petitioner was directed to execute an
indemnity bond.
3. I am not satisfied that the rules provide for any indemnity
bond, once the death certificate and legal heir ship certificate are
produced. In this case, the petitioner has produced a certificate
issued by the Administrator General under the Administrator General
Act, 1963, which is as good as a succession certificate. That being so,
the respondents cannot insist on any other document than the death
certificate and the certificate from the Administrator General.
Accordingly, the writ petition is disposed of with a direction to
the respondents to see that the DCRG due to late Smt. K.R. Sreelatha
is disbursed to her legal heirs on production of the death certificate
and the original of Ext. P3, within one month from the date of
production of death certificate and original of Ext. P3. The claim of
the petitioner for interest is left open to be agitated in appropriate
proceedings .
Sd/- S. Siri Jagan, Judge.
Tds/
[TRUE COPY]
P.S TO JUDGE.