K P VASUDEVAN Vs. VILLAGE OFFICER

JUDGEMENT

(1.) HEARD counsel for the petitioner, Government Pleader for respondents 1 and 2 and counsel appearing for the 3rd respondent.

(2.) PETITIONER, a widower, was getting family pension after the death of his teacher-wife. The 3rd respondent complained to the Sub Treasury Officer that the petitioner is remarried and consequently pension is withheld for over a year. The prayer in the writ petition is for direction to respondents 1 and 2 to issue certificate to the petitioner that the petitioner is not remarried. The Government Pleader rightly pointed out that the revenue authorities will not be able to certify whether the petitioner is remarried or not because petitioner can undergo proper marriage through a process of religious ceremony anywhere in the country, which cannot be traced by revenue authorities. Since the complaint itself is by the petitioner's son, it is for the complainant to establish that the petitioner is remarried. The Sub Treasury Officer also can conduct enquiry and if the petitioner is found remarried, he can decline to pay the pension. In the circumstances, writ petition is disposed of directing the Sub Treasury Officer, Chavakkad to conduct enquiry, hear the 3rd respondent and if it is not established that the petitioner is legally married again, then he shall release the family pension to the petitioner and continue to pay the same. A decision will be taken by the Sub Treasury Officer, within two months from date of receipt of this judgment.