Kerala High Court
P.Sreekumari Amma vs The State Of Kerala on 5 June, 1992
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 31ST DAY OF OCTOBER 2012/9TH KARTHIKA 1934
WP(C).No. 25470 of 2012 (G)
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PETITIONER(S):
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P.SREEKUMARI AMMA,, AGED 70 YEARS
W/O APPUKUTTAN NAIR(LATE), SREYAS ANRA-17
AYANIKKAD NAGAR, PALKULANGARA P.O
THIRUVANANTHAPURAM
BY ADVS.SRI.D.SAJEEV
SMT.LIGEY ANTONY
RESPONDENT(S):
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1. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT
DEVASWOM DEPARTMENT, GOVT. SECRETARIAT
THIRUVANANTHAPURAM 695001
2. THE EXECUTIVE OFFICER,
SREE PADMANABHA SWAMY TEMPLE, MATHILAKOM OFFICE
FORT P.O, THIRUVANANTHAPURAM 695023
R1 BY SR. GOVERNMENT PLEADER SMT. M.J. RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 25470 of 2012 (G)
APPENDIX
PETITIONER(S) EXHIBITS :-
EXT. P1 COPY OF THE RELEVANT PAGES OF THE PENSION PAYMENT
ORDER BEARING P.P.O NO 34/1992 DATED 05-06-1992 ISSUED BY THE
2ND RESPONDENT
EXT. P2 COPY OF THE REPRESENTATION DATED 27-10-2011 SUBMITTED
BEFORE THE MAHARAJA OF TRAVANCORE
EXT. P3 COPY OF THE REPRESENTATION DATED 04-01-2012 SUBMITTED
BEFORE THE 2ND RESPONDENT
EXT. P4 COPY OF THE ADVOCATE'S NOTICE DATED 19-04-2012 ISSUED TO
THE 2ND RESPONDENT
EXT. P5 COPY OF THE REPLY NOTICE DATED 08-05-2012 OF THE 2ND
RESPONDENT
EXT. P6 COPY OF THE PLAINT IN O.S NO 1838/2010 FILED BEFORE THE
MUNSIFF'S COURT OF THIRUVANANTHAPURAM
EXT. P7 COPY OF THE REPRESENTATION DATED 07-09-2012 SUBMITTED
BEFORE THE 1ST RESPONDENT
RESPONDENTS' EXHIBITS:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P.R.RAMACHANDRA MENON, J.
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W.P.(C) NO. 25470 of 2012 (G)
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Dated this the 31st day of October, 2012
JUDGMENT
The petitioner has approached this Court with the following prayers:-
i) To issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to consider and pass orders in Ext. P7 representation filed by the petitioner and order to the 2nd respondent to restore the payment of family pension to the petitioner expeditiously.
ii) To issue a writ of mandamus or other appropriate writ direction or order directing the 2nd respondent to award the interest for the arrears of the family pension from July 2010 onwards which was withheld arbitrarily without any reasons, as expeditiously as possible.
iii) Such other appropriate writ order or direction this Honourable Court may deem fit and proper to meet the ends of justice.
2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that the grievance has been projected in Ext. P7 representation filed before the 1st respondent and that the petitioner will be satisfied, if a direction is given to the said respondent to have it considered and disposed of, within a reasonable time.
3. Heard the learned Government Pleader as well.
4. Considering the limited nature of the relief now pressed for and proposed to be given, this Court does not find it W.P.(C) NO. 25470 of 2012 (G) 2 necessary to issue notice to 2nd respondent for the time being. The writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext. P7, in accordance with law, after giving an opportunity of hearing to the petitioner and the 2nd respondent, at the earliest, at any rate, within 'three' months, from the date of receipt of a copy of the judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps.
sd/-
P.R.RAMACHANDRA MENON, JUDGE DCS