C. CHELLAPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) When C.M.P. No. 15204/1990, came up for orders I heard learned counsel appearing on either side in detail I am disposing of the Original Petition.

(2.) Petitioner is the father of deceased C. Sudhakaran who was working in Kuwait. Sri Sudhakaran died in a motor accident in Kuwait on 22nd October 1988. Legal proceedings for claiming compensation on the death of Sudhakaran was conducted by the Indian Embassy in Kuwait at the request of the petitioner and on the basis of the Power of Attorney executed by him in favour of the Indian Embassy, Indian Embassy realised a sum of 13,000 Kuwait Dinar towards compensation. After deducting the Lawyer's fee of 1.330 Kuwait Dinar the balance was remitted in favour of 3rd respondent, the District Collector, Thiruvananthapuram, by draft No. 151310224 dated 17th February 1990 drawn on the State Bank of Travancore, M. G. Road Branch, Thiruvananthapuram. Third respondent informed the petitioner that he should produce succession certification from court for disbursing the amount deposited as per Ext. P-2, viz., Rs. 6,80,040.79. Petitioner appeared before third respondent and produced heirship certificate issued by the Tahsildar, Nedumangad. In spite of that third respondent refused to disburse the money. Hence this Original Petition.

(3.) Learned Central Government Standing Counsel submitted that the Indian Embassy could collect the money on account of the death of Sri Sudhakaran, son of the petitioner only on account of the Power of Attorney executed by the petitioner. The Central Government has no objection in disbursing the money to the petitioner.