SETHU LAKSHMI BAYI Vs. STATE OF KERALA

JUDGEMENT

(1.) The former Ruler, Maharaja of Travancore, sanctioned an annual payment of Rs. 75,000/- from 6-11-1931 to the petitioner who ruled that State as Regent from 1-9-1924 to 6-11-1931. Admittedly payments were made in equal monthly instalments till 26-2-1972; thereafter payments were stopped. This is a motion for mandamus to enforce continued payments.

(2.) By Ext. P5 letter the Chief Secretary of Travancore State informed the Accounts Officer of that State about the said sanction; Art.523 of the Travancore Financial and Account Code, Vol. I, Chap.14 (Ext. P6) also evidences the sanction of the said sum and its allotment; Ext. P9 is the copy of the letter whereby petitioner was informed of the sanctioning of the said sum as an 'allowance'; in Ext. P7 receipt petitioner refers to the amount as pension; in Exts. P11 to P13 letters the Comptroller of Travancore Cochin also refers to the payments as pension; Exts. P12 and P13 show that the payments were debited under the head: '54 (A) Territorial and Political Pensions'.

(3.) It was argued that it was the 'duty and obligation of the Ruler of Travancore State' to pay this amount to the petitioner, and that this duty and obligation devolved on Travancore Cochin State under Art.3(b) of the Covenant between the Rulers of Travancore and Cochin States, and thereafter on the Kerala State. Art.3(b) reads: