SETHU LAKSHMI BAYI Vs. STATE OF KERALA

JUDGEMENT

(1.) In view of the importance of the questions raised, our learned brother Justice Dr. T. Kochu Thommen has referred this Original Petition to be heard and disposed of by a Division Bench, by the order of reference dated 3rd of March, 1983. The petitioner in the Original Petition is Senior Maharani and ex-Regent of the State of Travancore. The Regency commenced on the 1st of Sept., 1924 and terminated on 6th of Nov., 1931. In Oct. 1932, the then Maharaja of Travancore State sanctioned an allowance of Rs. 75,000/- per year to the Regent Maharani. The payment was continued till Dec. 1971 when it was stopped. The Senior Maharani's request to continue the pension before the authorities did not meet with success. By communication dated 18-1-1974 the State Government regretted that the Maharani's request to continue the allowance (payment) cannot be granted. Thereupon she filed O.P. No. 1338 of 1974 to quash the order of the State Government dated 18-1-1974 and for other reliefs. The O. P. was dismissed by a learned single Judge of this Court by judgment dated 30-7-1976. It was taken in writ appeal as Writ Appeal No. 428 of 1976. A Division Bench of this Court by judgment dated 25th of July, 1979 allowed the writ appeal and held that;

(2.) It is seen that in pursuance to Government Letter No. 29622/Pol./82/PD dated 20-5-1972 the allowance was paid to the petitioner up to 25-2-1972. After the disposal of Writ Appeal No. 428 of 1976 by this court, the Government issued notice No. 118826/Pol./82/79/GAD dated 9-1-1980 to the Senior Maharani -- petitioner in the Original Petition, informing her, of the intention of Government to discontinue the payment of allowance and affording an opportunity to her to file objections, if any, for consideration by the Government. The writ petitioner filed an objection thereto. Notwithstanding the objections, the State Government by order dated 28-10-1080, evidenced by Ext. P-3, rejected the request of the petitioner to continue the payment of allowance for her lifetime and ordered that the payment of the allowance Rs. 75,000/- per annum to Smt. Sethu Lakshmi Bayi will be discontinued forthwith. It is this order, Ext. P-3, that is challenged in this Original Petition. The petitioner prays for the issue of a writ of certiorari or other appropriate order to quash G. O. Ms. No. 506/80/GAD dated 28-10-1980 evidenced by Ext. P-3 and to direct the respondent. State of Kerala, to continue the annual payment of Rs. 75,000/- to the petitioner for her lifetime, and for other reliefs.

(3.) The State has filed a detailed counter affidavit dated 18th Dec., 1981 justifying the stand taken in ordering discontinuance of the payment of Rupees 75,000/- per annum to the petitioner. Initially when the matter came up before our learned brother, Justice Dr. T. Kochu Thommen, the learned Judge felt that in view of the importance of the questions raised, the matter should be heard and disposed of by a Division Bench and accordingly the O. P. was posted before the Division Bench and heard by us.