Kerala High Court
Ahammed Kutty Appurath Poyil vs The Union Of India Represented By on 3 April, 2009
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32023 of 2007(K)
1. AHAMMED KUTTY APPURATH POYIL
... Petitioner
Vs
1. THE UNION OF INDIA REPRESENTED BY
... Respondent
For Petitioner :SRI.P.SANJAY
For Respondent :SRI.K.P.JOSE PIOUS, CGC
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :03/04/2009
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C) No. 32023 of 2007
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Dated, this the 3rd day of April, 2009
J U D G M E N T
Petitioner is a victim of the 'Iraqi Invasion' on Kuwait (popularly known as the 'Gulf war'), who had to return from Kuwait after abandoning much of his belongings, to his disadvantage.
2. Considering the sufferings and hardships caused to the persons like the petitioner, it was decided at the level of the United Nations to provide adequate compensation to such victims and a Commission was constituted as the United Nations Compensation Commission (UNCC), who fixed the appropriate extent of compensation, to be paid through the different channelising agencies like the Union Bank of India. The petitioner was informed by the Bank as per Ext.P1 letter dated 25.1.2002, that a total sum of US $ 4631/- was sanctioned as compensation payable to him. The petitioner was instructed to produce the relevant documents for disbursement of the said amount. Accordingly, the petitioner submitted all the requisite documents including Ext.P2 indemnity bond before the Palayam Road Branch of the Union Bank of India at Kozhikkode.
3. It is the case of the petitioner that though an amount of US $ 2300/- was released to him in June, 1999 , no further amount was paid to him so far, despite the admitted fact that the Bank has already received the entire amount of US $ 4631 as conveyed vide Ext.P1. On enquiry made with the Bank, the petitioner submits, that he was made to believe that the W.P.(C) No. 32023 of 2007 -:2:- amount would be released to him as and when the balance amount is deposited in the UNCC resource account; but nothing transpired in the positive, which made the petitioner to send a letter and notice as borne by Ext.P3 and Ext.P4 to the respondent, both by registered posts. The grievance of the petitioner is that Ext.P3 and Ext.P4 are still to be acted upon by the respondent and that the balance amount is yet to be released.
4. No counter affidavit has been filed by the respondent and as such, there is no reason to doubt the veracity of the specific pleadings raised by the petitioner. In the above facts and circumstances, the writ petition is disposed of, directing the respondent to consider Ext.P3 and Ext.P4 proceedings and pass final orders releasing the balance amount, if any, due to the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with copies of Ext.P1 to Ext.P4 before the respondent so as to enable them to pursue further steps.
P.R.RAMACHANDRA MENON, JUDGE kmd.