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A Thomas vs State of Kerala

A Thomas vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 29, 2021
~2 min read
https://sooperkanoon.com/case/1675672

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/4513/2014

Parties & Advocates

Appellant / Petitioner

A Thomas

Respondent

State of Kerala

Excerpt

.....₹50 lakhs with interest for the loss of reputation, goodwill and loss of affection, dependency, care and protection caused to the petitioners due to the murdering of varghese.2. when this writ petition came up for hearing today,learned counsel for the petitioners pointed out that there is change of circumstances subsequently and the petitioners are expecting that the respondents will favourably respond to their demand. the petitioners seek leave to file an application :4 : before the 1st respondent to pursue the demand.3. the learned government pleader, on instructions,submits that if the petitioners prefer a representation within two weeks, the respondents will consider the representation positively and pass appropriate orders thereon. in such circumstances, the writ petition is disposed of permitting the petitioners to file a representation before the 1st respondent. if the petitioners prefer such a representation, the 1st respondent shall consider and pass appropriate orders thereon within a period of two months from the date of receipt of the representation. sd/- n. nagaresh, judge aks/29.01.2021 :5 : appendix petitioner's exts: nil respondents' exts: r1(a) true copy of the order dated 8.12.2016 in slp (crl.) no.8806/2011.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 WP(C).No.4513 OF 2014(L) PETITIONERS: 1 A THOMAS 2 A.JOSEPH 3 MARIYAKUTTY 4 ANNAMMA BY ADVS. SRI.B.S.SWATHI KUMAR SRI.ASHISH MOHAN SRI.A.K.RAJESH SRI.REMYA MURALI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695001. :2 : 2 THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN:695 024. BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3 :

JUDGMENT

Dated this the 29th day of January, 2021 The petitioners are younger sisters and brothers of Varghese, a political worker who was allegedly murdered/shot dead at point blank by the State machinery in a police

encounter on 18.02.1970 in Thirunelli Forest. This writ petition was filed seeking to declare that the petitioners are legally entitled to be compensated with an amount of ₹50 lakhs with interest for the loss of reputation, goodwill and loss of affection, dependency, care and protection caused to the petitioners due to the murdering of Varghese.

2. When this writ petition came up for hearing today,

learned counsel for the petitioners pointed out that there is change of circumstances subsequently and the petitioners are expecting that the respondents will favourably respond to their demand. The petitioners seek leave to file an application :4 : before the 1st respondent to pursue the demand.

3. The learned Government Pleader, on instructions,

submits that if the petitioners prefer a representation within two weeks, the respondents will consider the representation positively and pass appropriate orders thereon. In such circumstances, the writ petition is disposed of permitting the petitioners to file a representation before the 1st respondent. If the petitioners prefer such a representation, the 1st respondent shall consider and pass appropriate orders thereon within a period of two months from the date of receipt of the representation. Sd/- N. NAGARESH, JUDGE aks/29.01.2021 :5 : APPENDIX PETITIONER'S EXTS: NIL RESPONDENTS' EXTS: R1(A) TRUE COPY OF THE ORDER DATED 8.12.2016 IN SLP (CRL.) NO.8806/2011.

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Same Court & Year Kerala · 2021 Same Parties A Thomas vs State of Kerala Same Judge Honourable Mr.Justice N.Nagaresh

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