Deepa Rajeevan vs State Of Kerala on 17 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25755 of 2008(N)


1. DEEPA RAJEEVAN,
                      ...  Petitioner
2. MINOR KIRAN RAJEEV,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. SMT. NALINI,

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :17/09/2008

 O R D E R
                         V.GIRI, J
                       -------------------
                   W.P.(C).25755/2008
                       --------------------
       Dated this the 17th day of September, 2008

                       JUDGMENT

Petitioners are wife and minor child of one

Neelakandan Rajeevan who died in a motor vehicle

accident. Certain amounts were released as compensation

due under the account of the deceased through the

embassy and the District Collector, the second respondent

herein, released the said amount to the legal heirs of the

deceased. Apparently, one third of the said amount was

released in favour of the third respondent, who is the

mother of the deceased. Petitioners questioned the

payment of one third of the compensation amount in

favour of the mother.

2. In my view, adjudication as to whether the third

respondent is entitled to a share of the assets of the

deceased and also as to whether the amount received by

way of compensation constitutes a part of the asset left

behind by the deceased are matters which are to be

adjudicated by a Civil Court.

W.P.(C).25755/2008
2

3. In the result, writ petition is disposed of permitting

the petitioners to agitate their claim in appropriate

proceedings before the Civil Court.

V.GIRI,
Judge

mrcs