IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 12413 of 2007(C) ------------------------------------- PETITIONER: ----------------- V.DAMODARAN, VELIYARACHIRA VEEDU, MARUTHORVATTOM P.O., CHERTHALA TALUK, ALAPPUZHA DT. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 12413/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 29/2/00. EXT.P2. COPY OF THE PKC ISSUED BY KITTAN CHAKRAPANI DT. 28/12/99. EXT.P3. COPY OF THE NARC ISSUED BY THE JUDICIAL IST CLASSMAGISTRATE COURT, CHERTHALA. EXT.P4. COPY OF THE ENQUIRY REPORT NO. B7. 19422/2000 DT. 29/08/00 SUBMITTED BY THE TAHSILDAR, CHERTHALA. EXT.P5. COPY OF THE COMMUNICATION DT. 24/3/05, BY THE R1 TO THE PETITIONER. EXT.P6. COPY OF THE REPRESENTATION DT. 21/5/05 BY THE PETITIONER. EXT.P7. COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DT. 16/5/05. EXT.P8. COPY OF THE JUDGMENT DT. 14/11/06 BY THIS COURT IN WPC NO. 19222/05. EXT.P9. COPY OF THE LETTER DT. 7/3/07 BY THE R1 TO THE PETITIONER. EXT.P10. COPY OF THE REVIEW PETITION DT. 12/3/07 BY THE PETITIONER TO THE R1. EXT.P11. COPY OF THE LETTER NO. 63819/FFP.B3.GAD DT. 30/10/2006 BY THE R1. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= WP(C).No.12413 of 2007-C. ======================= Dated this the 28th day of March, 2008. J U D G M E N T The petitioner is an applicant for Freedom Fighters' Pension Scheme under the scheme framed by the State Government. The claim is based on the sufferings in the Punnapra-Vayalar struggle. Ext.P1 is the application which is supported by the Personal Knowledge Certificate (PCK) issued by Sri.H.K.Chakrapani as well as the Non-availability of Record Certificate (NARC) issued by the Judicial First Class Magistrate Court, Cherthala. Ext.P4 is the report of the Tahsildar, Cherthala forwarded to the District Collector, Alappuzha which is dated 29.8.2000 wherein the details regarding the sufferings of the petitioner have been stated. But his application was rejected by Ext.P5 mainly for the reason that the relevant copies of documents from official records have not been produced. Again the petitioner submitted Ext.P6 representation to WP(C).No.12413 of 2007-C. -: 2 :- reconsider Ext.P5 wherein he was produced fresh personal knowledge certificate from Sri.H.K.Chakrapani, who is a recipient of Central pension. 2. In the counter affidavit the stand taken is that no sufficient records are produced by him to show that the petitioner was an accused in case No.PE 10/1122 ME. It is also stated that as per the available register maintained in the office of the District Collector, Alappuzha relating to case No.PE 10/1122 ME the name of the petitioner has not been included. 3. The learned counsel for the petitioner submitted that in the light of Ext.P4 report his claim ought to have been considered by the District Advisory Committee. A reading of Ext.P5 does not show that his claim was considered by the District Advisory Committee. Now the petitioner has filed a fresh representation Ext.P6 along with other materials. In the light of the facts stated in the writ petition and the documents produced by the petitioner, I am of the view that the application of the petitioner shall be considered by the District Advisory Committee headed by the WP(C).No.12413 of 2007-C. -: 3 :- District Collector, untrammeled by the findings entered in Ext.P5. Thereafter the District Collector will pass final orders within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-