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2026 Supreme(Online)(Ker) 16012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
M.AMUTHAVALLY – Appellant
Versus
KATTAPPANA MUNICIPALITY – Respondent
WP(C) NO. 12645 OF 2025
For the Appellants/Petitioners: SRI.JOBI.A.THAMPI, SRI.GEM KORASON, SRI.C.M.EBRAHIM, SRI.SHOUKATH HUSAIN
For the Respondents: SRI. UNNIKRISHNAN V. ALAPATT, SMT.V.A.HARITHA
Legal heirs of a deceased employee can request terminal benefits, but rival claims must be addressed prior to disbursement.
Headnote:The court examined the petitioners' entitlement to terminal benefits of their deceased relative, who died while employed, amidst rival claims for legal heir status. It determined that the representation should be considered with respect to all claims. The petition was disposed of with directions to the municipality to act on the representation within a stipulated timeline.
| Table of Content |
|---|
| 1. legal heirs are entitled to seek benefits. (Para 1 , 2) |
| 2. rival claims can complicate entitlement. (Para 3) |
| 3. court directs consideration of representation. (Para 4) |
JUDGMENT
Dated this the 5th day of March, 2026 The petitioners state that they are legal heirs of late Marimuthu, who died intestate on 16.07.2022 while working under the 1st respondent-Municipality as a Full Time Contingent employee.
2. The petitioners state that they have preferred Ext.P3 representation requesting to disburse the terminal benefits of the deceased Marimuthu and also seeking compassionate appointment. Though 21/ years have passed, 2 their representation has not been considered.
3. Standing Counsel entered appearance on behalf of respondents 1 and 2 and resisted the writ petition. The Standing Counsel submitted that there is a rival claim from a person, who stated that she is the first legally wedded wife of the deceased employee. Therefore, the prayer of the petitioners cannot be granted as such.
4. I have heard the learned counsel for the petitioners, the learned Standing Counsel representing respondents 1 and 2 and the learned Government Pleader representing the 3rd respondent.
