IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 643 of 2001(B)
1. TRESA METILDA
... Petitioner
Vs
1. VYPIN VISHAMADHYA KOOTTAKOLA VIRUDHA SAM
... Respondent
For Petitioner :SRI.A.X.VARGHESE
For Respondent :SMT.VANAJA MADHAVAN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/04/2007
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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R.P. No. 643 OF 2001 IN W.A. 1184 OF 1993
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Dated this the 12th April, 2007
O R D E R
Kurian Joseph, J:
This Review Petition is filed by 10 persons seeking to review the
order dated 02.07.2001 in C.M.P.No. 136 of 2001 in W.A. 1184 of 1993
in the matter of payment of compensation to the parties affected in the
Vypeen hooch tragedy. In view of the intervening developments, grievance
survives only in respect of the first review petitioner- Tresa Metilda, 4th
review petitioner-Ammini Karunakaran and 9th review petitioner-K.D. Babu.
2. In the statement filed by the District Collector, Ernakulam it is
stated that as far as Ammini Karunakaran is concerned, compensation can
be disbursed to the legal heirs within a short period. As far as K.D. Babu
is also concerned, it is stated that compensation will be paid to him within
a short span of time. Thus, there is objection only with regard to Tresa
Metilda, the first review petitioner. It is stated by the District Collector that
no materials are available to show that Tresa Metilda is the legally
adopted child of late Augustine and that she being a foster child of late
R.P. No. 643 OF 2001 IN W.A. 1184 OF 1993
2
Augustine, compensation cannot be granted to her. Thus there is no
dispute that Tresa Metilda is the foster child of Augustine and Elcy. On
such admitted status, when considered along with the materials produced
by the first review petitioner along with the reply affidavit, whether Tresa
Metilda would be entitled to receive the compensation is the question.
3. Annexure A1 is the will dated 13.05.1997 executed by Elcy, wife
of late Augustine in favour of Tresa Metilda. Annexure A2 is the deed
executed by the brother of late Augustine in favour of Tresa Metilda .
Annexure A3 is the electoral card, wherein Tresa Metilda is shown as the
daughter of late Augustine . Annexure A4 is the certificate issued by the
President of Elamkunnappuzha Panchayat to the effect that Tresa
Metilda is the adopted child of Augustine. Annexure A5 is the identity card
of the Service Co-operative Bank wherein also late Augustine is shown as
the father of Tresa Metilda . Annexures A6 and A7 are copies of ration
cards, wherein also Tresa Metilda is shown as the daughter of late
Augustine. Annexure A8 is the certificate issued by the Parish Priest
certifying that Tresa Metilda is the adopted child of late Augustine and
Elcy. Annexure A9 is the photo copy of the gas distribution slip . Since
there is no statute governing adoption of child as far as christians are
concerned and there being no dispute as to the effect that Tresa Metils is
R.P. No. 643 OF 2001 IN W.A. 1184 OF 1993
3
the foster child of Augustine and all the documents referred to above
would show that Tresa Metilda has been treated , for all purposes, as the
child of Augustine and Elcy, it is only in the interest of justice that the first
review petitioner is to be treated as the eligible claimant for compensation
due to the death of Augustine in connection with Vypeen hooch tragedy.
Therefore, there will be a direction to the District Collector to
disburse the compensation to the first review petitioner also along with the
disbursement of compensation to Ammini Karunakaran and K.D. Babu.
This shall be done within a period of one month from the date of production
of a copy of this order.
Review petition is disposed of as above.
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
lk
KURIAN JOSEPH &
K.T. SANKARAN, JJ.
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R.P.No. 643 OF 2001 IN
W.A. No. 1184 of 1993
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Dated this the 12th April, 2007
O R D E R