High Court Kerala High Court

Indu Haridas vs State Of Kerala And Others on 23 November, 2010

Kerala High Court
Indu Haridas vs State Of Kerala And Others on 23 November, 2010
       

  

  

 
 
  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/