IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23185 of 2009(P) -------------------------- PETITIONER(S): --------------- KUM.PADMAVATHI, D/O.PARAMBAN KUNHIRAMAN NAMBIAR, KANHILERI, P.O.CHERIKODE, SREEKANDAPURAM, KANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23185 of 2009 ---------------------------------------- Dated this the 13th day of August, 2009. JUDGMENT The petitioner, an unmarried daughter of late Paramban Kunhiraman Nambiar, a freedom fighter, who is stated to have participated in the Kavumbayi Struggle as part of the National freedom struggle. Late Paramban Kunhiraman Nambiar had undergone imprisonment as the 58th accused in Crime No.117/1946, as evidenced by Ext.P1. It is further contended that late Paramban Kunhiraman Nambiar had undergone imprisonment from 30.12.1946 to 16.01.1947 and he continued incarceration till 11.06.1947. 2. Though originally under the Swathantra Sainik Samman Pension Scheme {hereinafter referred to as the 'Central Scheme'} Kavumbayi Struggle was not recognized as part of the National Struggle, it is treated as part of the freedom struggle by Ext.P2. The petitioner's father submitted W.P.(C).No.23185 of 2009 :: 2 :: Ext.P3 application for pension under the Central Scheme. That has not been responded to. Later, he passed away. The petitioner seeks to prosecute the application as an unmarried daughter of the freedom fighter. Hence this writ petition. 3. The State Government shall consider Ext.P3 application as one submitted by an unmarried daughter of a person claiming pension under the Central Scheme and if enquiries have not been conducted so far, the same shall be conducted and recommendation shall be forwarded to the Central Government within four months from the date of receipt of a copy of this judgment. 4. The petitioner shall produce a copy of this judgment along with a fresh representation before the State Government and a copy of the writ petition. 5. Thereupon, the 1st respondent shall take a decision on the petitioner's application treating the W.P.(C).No.23185 of 2009 :: 3 :: same as one filed by the petitioner as an unmarried daughter of a freedom fighter in the matter of grant of pension under the Central Scheme, within three months thereafter. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge