Union Of India vs The Chala Beedi Workers … on 16 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 81 of 2009()



1. UNION OF INDIA
                      ...  Petitioner

                        Vs

1. THE CHALA BEEDI WORKERS INDUSTRIAL SERVI
                       ...       Respondent

                For Petitioner  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

                For Respondent  : No Appearance

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :16/01/2009

 O R D E R
                    J.B.Koshy, Ag.C.J. & V.GIRI, J.
                   ------------------------------------------
                         W.A.No. 81 of 2009 &
                      C.M.Appln.No.41 of 2009
                    ------------------------------------------
              Dated, this the 16th day of January, 2009

                                JUDGMENT

J.B.Koshy, Ag.C.J.

For the reasons stated in the affidavit, the delay in filing

the writ appeal is condoned.

2. This writ appeal is filed by the Union of India and

others. Petitioner co-operative society purchased some Indira Vikas

Patras on 27.4.1994 and a few more on 2.2.1995. Maturity dates of

these Patras were on 27.10.2000 and 2.8.2000. It is the case of the

petitioner that the Patras were stolen and a crime has been

registered. An application was made to the postal department for

paying the maturity value of the Patras.

3. After considering the entire facts and circumstances,

the learned Judge has directed the Postal Department to pay the

maturity value of the Patras subject to the petitioner executing an

indemnity bond. The Department has no contention that any other

W.A.No.81 of 2009
2

claimant has come forward so far. The Indira Vikas Patras were

purchased in 1994 and 1995 and maturity date was in 2000. Even

now there is no rival claim. The operative portion of the order is as

follows:

“If the petitioner Society executes an

indemnity bond indemnifying the Postal department

against third party claims for the maturity value of Indira

vikas Patras mentioned in Para 6 of the writ petition,

the 4th respondent shall cause to release the maturity

value of those Indira Vikas Patras to the petitioner.”

4. We fail to understand why against such orders the

Department filed appeals wasting public money.

Writ appeal is dismissed.

J.B.Koshy,
(Ag. Chief Justice)

V.GIRI,
(Judge)
vns