IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 33762 of 2008(T) -------------------------- PETITIONER(S): --------------- G. KUTTAN PANIKKER, K.P. HOUSE, MELEMUKKU, KUTTICHAL.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.RAMACHANDRAN (PALAKKAD) SRI.P.K.NIJOY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFPB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. BY GOV. PLEADER SRI. P.. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.33762 OF 2008 ------------------------ Dated this the 19th day of March, 2009. JUDGMENT Challenge in this writ petition is against Ext.P4 an order passed by the first respondent. 2. The facts of the case are that the petitioner is the recipient of freedom fighter's pension. According to the petitioner, he made Ext.P3, nomination of his daughter to receive the benefits. However, it was rejected by Ext.P4 order passed by the first respondent on the ground that the nomination of a married daughter is impermissible in terms of the scheme. 3. Counsel for the petitioner submits that his daughter Smt. L.Geetha Kumar is undergoing treatment for Schizo Pherenia and reference is made to Ext.P1 medical certificate. It is also stated that she was married to a person called Vijayan. But however, on account of the illness of his daughter, the marriage was dissolved as per the judgment in OP(HMA)No.344/88 of the sub Court, WP(c).No.33762/08 2 Thiruvananthapuram. It is also stated that pursuant to the judgment, Ext.P2 agreement was entered into between the parties. Essentially therefore what the petitioner contends is that, it was without taking into account the aforesaid facts that Ext.P4 order was passed and I am inclined to agree with this submission. 4. Therefore, I dispose of this writ petition with the follwing directions. i. Ext.P4 will stand set aside. The first respondent shall consider Ext.P3 nomination made by the petitioner after affording him an opportunity of hearing and allowing the petitioner to produce his documents in support of his contention that he is entitled to nominate his daughter. Orders as above shall be passed as expeditiously as possible and at any rate within 3months from the date of production of a copy f the judgment Petitioner shall produce a copy of the judgment before the first respondent for compliance. (ANTONY DOMINIC) vi JUDGE WP(c).No.33762/08 3