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2017 Supreme(Ker) 876

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.M. SHAFFIQUE, J.
K.O. Oommen – Petitioner
Versus
Union of India Rep. by Secretary to the Ministry of External Affairs, Delhi – Respondent
WP (C) No. 12468 of 2007
Decided On : 09-08-2017

Advocates Appeared:
T. Sanjay, T.V. Vinu, N. Nagaresh, S. Sreekumar, P. Chandrasekhara Pillai, Alphons Kannamthanam, M.V.S. Namboothiry, Sujith Mathew Jose, K.C. Santhoshkumar and K.K. Chandralekha.

Headnote:Constitution of India, Art.226 - Loss of assurance entitlement, permissible by Dubai Court, due to inattention on the part of the Delegation which is Directed to compensate the claimant.

JUDGMENT :

1. This writ petition is filed inter-alia seeking the following reliefs:-

“(a) issue a writ of mandamus or such other writ, order or direction compelling respondents 1 and 4, to conduct a proper, serious and expeditious investigation in the crime registered pursuant to the directions of this Court in OP No. 10451/2002, by directing the investigations to be done by the senior most officer under the 4th respondent and if necessary by invoking other agencies and to file final report as expeditiously as possible.

(b) declare that respondents 1 and 2 are bound to compensate the petitioner forthwith for failure in proper discharge of their duties and direct respondents 1 and 2 to disburse to the petitioner, Indian rupees equalling to the amount of Rs. 1,50,000/- Dirham.

(c) issue a writ of mandamus or such other writ, order or direction to the 1st respondent to redress the grievance of the petitioner as directed in Ext.P10 judgment.

(d) issue a writ of mandamus or such other writ, order or direction to the apprehend the accused and seize the decamped money or the assets of the culprit to make good the loss of the petitioner.”

2. The short facts involved in the petition would disclose that petitioner's son Sunil Oommen while working with M/s. Bartawi General Contracting Company at Dubai, United Arab Emirates met with a motor accident and died on account of the injuries suffered by him. According to the petitioner, the Preliminary Court of Dubai in Criminal Petition No. 279/1999 awarded compensation of Rs. 1,50,000/- Dirhams which is equivalent to Rs. 17,79,000/- as on 1999, to the legal heirs of Sri. Sunil Oommen. Having come to know about the award, petitioner approached the Indian Consulate in Dubai requesting for taking necessary action to obtain the amount. He addressed a letter dated 29.10.1999, Ext.P1 to the Indian Consulate. The Company M/s. Bartawi General Contracting Company had also requested the petitioner to furnish a legal heirship certificate in order to clear the dues. The 2nd respondent by letter dated 16.12.1999 (Ext.P2) called upon the petitioner to provide certain documents. For easy reference, the said letter itself is extracted herein:-

“No. DUBA/LAB/437/55/99

Date 16.12.1999

To,

Shri K.O. Oommen,

Koickal Hosue, Mulakada PO,

Kottayam Dt. Kerala,

Pin 686509.

Sub: Death compensation in respect of Late Sunil Oommen

Dear Sir,

In order to claim death compensation in respect of your deceased son from the concerned authorities in UAE, you are requested to send us the following documents in original.

(i) A legal Heir Certificate (to be obtained from a court) giving full name of all the legal heirs with their surnames and father's/husband's name, age and relationship to the legal heir of the deceased.

The share of all the legal heirs should also be indicated in the certificate.

(ii) A Power of Attorney in favour of the Consulate General of India, Dubai, from all the legal heirs.

The Legal Heir Certificate as well as the Power of Attorney should be translated into Arabic and got attested by the following authorities:-

(a) District Magistrate/1st Class Magistrate of your area.

(b) Home Department of your State Government.

(c) Consular Section, Ministry of External Affairs, Patiala House, New Delhi.

(d) Embassy of UAE, New Delhi.

Yours faithfully,

K.P. RAM

Consul (Labour).”

3. According to the petitioner, he had forwarded certain documents by letter dated 21.3.2000 which was replied by the Consulate General of India as per letter dated 27.3.2000 returning the documents for want of necessary particulars, wherein it is indicated that the documents which are not attested by the authorities are not acceptable to local court and therefore the documents should be properly attested by the authorities mentioned therein. Petitioner therefore obtained all the documents, got them attested and the same was sent to the Consulate under cover of Ext.P4 letter dated 7.8.2001. By another letter dated 21.11.2001, (Ext.P7) petitioner was informed that the docu


































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