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SMT. MAGI STANISLAVOS versus L.N. MAHARANA

High Court of Kerala

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SMT. MAGI STANISLAVOS v. L.N. MAHARANA - WP(C) No. 5617 of 2007(R) [2007] RD-KL 5594 (16 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5617 of 2007(R)

1. SMT. MAGI STANISLAVOS,
... Petitioner

2. SHRINE M.STANISLAVOS,

Vs

1. L.N. MAHARANA,
... Respondent

2. THE DIRECTOR,

3. SECRETARY TO GOVERNMENT,

4. CHIEF GENERAL MANAGER,

5. THE SECRETARY,

6. THE SECRETARY,

7. THE SECRETARY,

8. THE SECRETARY,

For Petitioner :SRI.K.V.SABU

For Respondent : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

Dated :16/03/2007

O R D E R

K.K.DENESAN, J.

WP(C)No. 5617 OF 2007

Dated this the 16th March, 2007.



JUDGMENT

Counsel appearing for respondents 1 and 4 submits that the petitioners were informed as per communication dated 9.1.2007 that lump sum payment will be made by the Company in lieu of appointment on compassionate grounds under the dying in harness scheme, in the light of the amended provisions of the scheme for such appointments. Counsel for the petitioners submits that the petitioners had received such a communication and that they are prepared to accept the offer without prejudice to their right to demand a higher amount.

2. I find from the writ petition that despite the fact that the petitioners had received communication dated 9.1.2007, that fact has been omitted to be stated in the writ petition filed on 19.2.2007. The petitioners ought to have brought to the notice of this Court that fact also, in a petition of this nature. Suppression of material fact is a ground for declining reliefs. Anyway, since the WPC No. 5617/07 :2: counsel submits that the writ petition may be disposed of recording the fact that the petitioners are prepared to consider the offer made by the Company, I am inclined to close this W.P.(C). Ordered accordingly. K.K.DENESAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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